SANJEEV KUMAR @ ASHOK SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved of the order dated 17.07.2014 by which cognizance of the offence under Section 406/420 IPC has been taken in Bariatu P.S Case No. 70 of 2014 corresponding to G.R Case No. 1134 of 2014.

(2.) The learned counsel for the petitioner submits that a civil dispute which primarily pertains to breach of an agreement with the informant would not incur criminal liability to the petitioner. It is further submitted that a civil dispute if has been given colour of a criminal case, it would not preclude the Court from quashing the complaint/F.I.R, if, a wholesome reading of the materials on record does not make out ingredients of the offence as alleged.

(3.) What would constitute cheating has been indicated by the Supreme Court in Indian Oil Corpn. Vs. NEPC India Ltd. reported in, 2006 6 SCC 736, thus;