Kalawati Devi vs The State Of Jharkhand on 6 July, 2026

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    Jharkhand High Court

    Kalawati Devi vs The State Of Jharkhand on 6 July, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                                                (2026:JHHC:21314)
    
    
    
    
              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. M. P. No. 846 of 2022
    
               1. Kalawati Devi, aged about 67 years, wife of Tapilal Ram,
    
               2. Smt. Kanti Devi @ Kunti Devi, aged about 59 years, wife of late Ram
    
                     Chandar Ram,
    
               3. Navin Kumar, aged about 44 years son of Sri Tapilal Ram,
    
               4. Parveen Kumar, aged about 43 years, son of Sri Tapilal Ram,
    
                     (All are residents of Harmu Housing Colony, behind Qr. No. C - 1 /29,
    
                     PO & PS - Argora, District - Ranchi, Jharkhand. ... ... ...Petitioners
    
                                                   Versus
    
               1. The State of Jharkhand.
    
               2. Fulchand Saw, son of Sri Dhaman Saw, resident of Dibdih, PO -
    
                     Pundag, PS - Jagarnathpur, District - Ranchi, Jharkhand.
    
                                                                         ... ... ...Opp. Parties
    
                                                   ------
    
                 For the Petitioners         : Mr. Rahul Kumar, Advocate
                 For the State               : Mrs. Nehala Sharmin, Spl. P.P.
                                                    ------
    
                                                PRESENT
                     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
    
    By the Court:-      Heard the parties.
    
    

    2. Learned counsel for the petitioners draws attention of this Court to

    the supplementary affidavit showing proof of the substituted service of

    SPONSORED

    notice to the opposite party No. 2 being published in the newspaper

    “Prabhat Khabar, Ranchi”. Accordingly, the service of notice upon the

    opposite party no.2 is sufficient. Though service of notice upon the

    1 Cr.M.P. No.846 of 2022
    (2026:JHHC:21314)

    Opposite Party No. 2 is sufficient yet no one turns up on behalf of the

    opposite party no.2 in spite of repeated calls.

    3. This Criminal Miscellaneous Petition has been filed invoking the

    jurisdiction of the Court under Section 528 of the B.N.S.S., 2023, with the

    prayer to quash the entire criminal proceedings initiated against the

    petitioner in connection with Argora P.S. Case No. 51 of 2020 arising out of

    Complaint Case No. 67 of 2015 involving the offences punishable under

    Sections 406 / 420 / 34 of the Indian Penal Code and also to quash the order

    taking cognizance dated 25.03.2025 passed by the learned J.M.F.C. – XIII,

    Ranchi and charge-sheet dated 28.02.2025 submitted in the said case.

    4. The allegation against the petitioners is that the petitioners entered

    into a development agreement with the complainant – informant on

    12.08.2007 and construction was started after 2010. On 11.09.2009, the

    petitioners have taken money showing their urgent need for money. Rs.

    8,00,000/- has been taken by the petitioner no. 3 and the petitioner no. 4 has

    taken Rs. 1,98,500/-. It is next alleged that the complainant started

    construction over the land and invested Rs. 2.25 crores but after completion

    of the plots and the entire construction, project came under the investigation

    of C.B.I. and thereafter, the complainant stopped the construction work. On

    22.09.2014, petitioner no. 3 entered into the project office after breaking the

    lock. Informant – complainant filed Complaint Case No. 67 of 2015 in the

    Court of learned Sub – Divisional Judicial Magistrate, Ranchi, which upon

    being referred to Police under Section 156 (3) of the Cr.P.C., Argora P.S.

    Case No. 51 of 2020 registered and the Police took up the investigation of

    the case and after completion of the investigation, Police found the
    2 Cr.M.P. No.846 of 2022
    (2026:JHHC:21314)

    allegations against the petitioners to be true and submitted the charge-sheet

    against the petitioners for having committed the offences punishable under

    Sections 406 / 420 / 34 of the Indian Penal Code and basing upon the same,

    cognizance has been taken.

    5. Learned counsel for the petitioners submits that charge has not yet

    been framed in this case and the case is next fixed to 09.07.2026 for

    appearance of the accused persons of the case.

    6. Learned counsel for the petitioner by relying upon the judgment in

    the case of Jai Prakash Narayan Sinha @ Jai Prakash Narain Sinha &

    Another Vs. The State of Jharkhand & Another reported in

    (2025:JHHC:28046) submits that therein this Court relied upon the

    judgment of the Hon’ble Supreme Court of India in the case of Sarabjit

    Kaur Vs. State of Punjab & Another in Criminal Appeal No. 581 of 2023

    dated 01.03.2023, wherein the Hon’ble Supreme Court of India held that

    the breach of contract does not give rise to criminal prosecution or cheating

    unless fraudulent and dishonest intention has shown right at the beginning

    of the transaction and merely on the allegation of failure to keep up the

    promise will not be enough to initiate the criminal proceedings. It is next

    submitted that there is no allegation against the petitioner of having any

    dishonest intention right at the beginning of the transaction rather the

    problem in the effective implementation of the development agreement

    arose only after C.B.I. conducted the inquiry. It is then submitted that in the

    agreement, there is also an arbitration clause and instead of invoking the

    same, straightway the complainant – informant approached the Court

    erroneously. It is next submitted that in that case, the Hon’ble Supreme
    3 Cr.M.P. No.846 of 2022
    (2026:JHHC:21314)

    Court also relied upon the judgment of the Hon’ble Supreme Court of India

    in the case of Lalit Chaturvedi and Others vs. State of Uttar Pradesh and

    Another reported in 2024 SCC OnLine SC 171, Paragraph No. 10 of which

    reads as under:-

    “10.xxxx The chargesheet also refers to Section 406 of the
    IPC, but without pointing out how the ingredients of said
    section are satisfied. No details and particulars are
    mentioned. There are decisions which hold that the same act
    or transaction cannot result in an offence of cheating and
    criminal breach of trust simultaneously. For the offence of
    cheating, dishonest intention must exist at the inception of the
    transaction, whereas, in case of criminal breach of trust there
    must exist a relationship between the parties whereby one
    party entrusts another with the property as per law, albeit
    dishonest intention comes later. In this case entrustment is
    missing, in fact it is not even alleged. It is a case of sale of
    goods. The chargesheet does refer to Section 506 of the IPC
    relying upon the averments in the complaint. However, no
    details and particulars are given, when and on which date
    and place the threats were given. Without the said details and
    particulars, it is apparent to us, that these allegations of
    threats etc. have been made only with an intent to activate
    police machinery for recovery of money. (Emphasis
    supplied).”

    Wherein the Hon’ble Supreme Court of India has held that in absence

    of any deception played by the accused person making false and misleading

    representation, dishonest concealment of any other act or omission or

    inducement of the complainant to deliver any property, the offence

    punishable under Section 420 of the Indian Penal Code is not made out.

    7. Learned counsel for the petitioners further submits that in that case

    this Court also relied upon the judgment of the Hon’ble Supreme Court of

    India in the case of Radheshyam & Others Vs. State of Rajasthan &

    another reported in (2024) SCC OnLine SC 2311, Paragraph No. 12 of

    which reads as under:-

    4 Cr.M.P. No.846 of 2022

    (2026:JHHC:21314)

    “12.xxxx In the present case, the appellants were not
    entrusted with any property by respondent no. 2 –

    complainant. The only delivery made was of part
    payment towards an Agreement to Sell between the
    parties. The amount paid towards consideration cannot
    be said to have been entrusted with the appellants by
    respondent no. 2. Additionally, merely because the
    appellants are refusing to register the sale, it does not
    amount to misappropriation of the advance payment.
    Since there was no entrustment of property, the offence
    of misappropriation of such property and thereby
    criminal breach of trust cannot be said to be made
    out.” (Emphasis supplied).”

    that the amount paid towards consideration cannot be said to have

    been entrusted with the accused person by the complainant and merely

    because the seller is refusing to register the sale, it does not amount to

    misappropriation of the advance amount paid. In that case, the Hon’ble

    Supreme Court also relief upon the judgment of the Hon’ble Supreme

    Court of India in the case of Uma Shankar Gopalika Vs. State of Bihar &

    Another reported in (2005) 10 SCC 336, Paragraph No. 06 of which reads

    as under:-

    “6. Xxxx xxxx xxxx It is well settled that every breach of
    contract would not give rise to an offence of cheating and
    only in those cases breach of contract would amount to
    cheating where there was any deception played at the very
    inception. If the intention to cheat has developed later on,
    the same cannot amount to cheating. In the present case it
    has nowhere been stated that at the very inception there
    was any intention on behalf of the accused persons to
    cheat which is a condition precedent for an offence under
    Section 420 IPC.” (Emphasis supplied)

    Wherein also the Hon’ble Supreme Court of India has reiterated the

    settled principles of law that unless the accused plays deception since the

    beginning of the transaction between the parties, the offence of cheating

    will not be made out.

    5 Cr.M.P. No.846 of 2022

    (2026:JHHC:21314)

    8. Learned counsel for the petitioners next relies upon the judgment of

    this Court in the case of Latika Chari & Others Vs. The State of

    Jharkhand reported in (2024:JHHC:45032) and submits that in that case,

    this Court relied upon the judgment of Hon’ble Supreme Court of India in

    the case of Dalip Kaur & Ors. Vs. Jagnar Singh & Anr. reported in (2009)

    14 SCC 696, Paragraph No. 10 of which reads as under: –

    “10. The High Court, therefore, should have posed a
    question as to whether any act of inducement on the part
    of the appellant has been raised by the second
    respondent and whether the appellant had an intention
    to cheat him from the very inception. If the dispute
    between the parties was essentially a civil dispute
    resulting from a breach of contract on the part of the
    appellants by non-refunding the amount of advance the
    same would not constitute an offence of cheating.
    Similar is the legal position in respect of an offence of
    criminal breach of trust having regard to its definition
    contained in Section 405 of the Penal Code. (See Ajay
    Mitra v. State of M.P.
    [(2003) 3 SCC 11 : 2003 SCC
    (Cri) 703] )” (emphasis supplied)

    Wherein the Hon’ble Supreme Court of India has reiterated the

    settled principles of law that if a dispute between the parties, was

    essentially a civil dispute resulting from breach of contract on the part of

    the accused person by not refunding the amount of advance, the same

    would not constitute an offence of cheating. It is next submitted that in that

    case, this Court also relied upon the judgment of the Hon’ble Supreme

    Court of India in the case of Satish Chandra Ratanlal Shah Vs. State of

    Gujarat & Anr. reported in (2019) 9 SCC 148, Paragraph No. 11 of which

    reads as under: –

    “11. Having observed the background principles
    applicable herein, we need to consider the individual
    charges against the appellant. Turning to Section 405
    6 Cr.M.P. No.846 of 2022
    (2026:JHHC:21314)

    read with Section 406 IPC, we observe that the
    dispute arises out of a loan transaction between the
    parties. It falls from the record that Respondent 2
    knew the appellant and the attendant circumstances
    before lending the loan. Further it is an admitted fact
    that in order to recover the aforesaid amount,
    Respondent 2 had instituted a summary civil suit
    which is still pending adjudication. The law clearly
    recognises a difference between simple
    payment/investment of money and entrustment of
    money or property. A mere breach of a promise,
    agreement or contract does not, ipso facto, constitute
    the offence of the criminal breach of trust contained in
    Section 405 IPC without there being a clear case of
    entrustment..” (Emphasis supplied)”

    Wherein the Hon’ble Supreme Court of India has reiterated the

    settled principle of law that if the property entrusted to an accused is used

    by him, the mere retention of that property would not amount to dishonest

    misappropriation of the property. It is next submitted that even if the entire

    allegation made against the petitioners, is considered to be true in their

    entirety, still neither the offence punishable under Section 406 of the Indian

    Penal Code nor the offence punishable under Section 420 of the Indian

    Penal Code is made out.

    9. Learned counsel for the petitioners next relies upon the judgment of

    the Hon’ble Supreme Court of India in the case of Anand Kumar Mohatta

    & Another Vs. State (NCT of Delhi), Department of Home and Another

    reported in (2019) 11 SCC 706, wherein the Hon’ble Supreme Court of

    India has dealt with the essence of the offence punishable under Section 406

    of the Indian Penal Code and by relying upon the judgment in the case of

    Indian Oil Corporation Vs. N.E.P.C. India Ltd. reported in (2006) 6 SCC

    736, observed that any effort to settle civil dispute and claims which do not

    7 Cr.M.P. No.846 of 2022
    (2026:JHHC:21314)

    involve any criminal offence, by applying pressure through criminal

    prosecution should be deprecated and discouraged.

    10. Learned counsel for the petitioners then relies upon the judgment of

    the Hon’ble Supreme Court of India in the case of Krishna Lal Chawla &

    Others Vs. State of Uttar Pradesh & Another reported in (2021) 5 SCC

    435 and submits that therein the Hon’ble Supreme Court of India has

    expressed word of caution that frivolous litigation should not become the

    order of the day in India.

    11. Learned counsel for the petitioner lastly relies upon the judgment of

    the Hon’ble Supreme Court of India in the case of Rikhab Birani &

    Another Vs. State of Uttar Pradesh & Another reported in 2025 SCC

    OnLine SC 823 and submits that in paragraph no. 17 thereof, the Hon’ble

    Supreme Court of India has relied upon its own judgment of Delhi Race

    Club (1940) Limited v. State of Uttar Pradesh reported in (2024) 10 SCC

    690, wherein it was observed that Section 420 and 406 of the Indian Penal

    Code, is antithetical in nature and cannot co-exists simultaneously.

    12. It is next submitted that the petitioners have revoked the power of

    attorney executed by them in favour of the complainant as the informant-

    complainant failed to perform his obligation under the agreement. It is next

    submitted that the dispute between the parties is at best, a civil dispute and

    the cloak of criminal case has been given to it only for the purpose of

    wreaking vengeance. Hence, it is submitted that the prayer as prayed for in

    this Cr.M.P., be allowed.

    13. Learned Spl. P.P. on the other hand vehemently opposes the prayer

    and submits that if the allegations made against the petitioners in the F.I.R.,
    8 Cr.M.P. No.846 of 2022
    (2026:JHHC:21314)

    Case Diary and the Charge-sheet, are considered to be true in their entirety,

    then both the offences punishable under Section 406 and 420 of the Indian

    Penal Code, are made out. Hence, it is submitted that this Cr.M.P. being

    without any merit, be dismissed.

    14. Having heard the submissions made at the bar and after going

    through the materials on record, it is pertinent to mention here that so far as

    the offence punishable under Section 420 of the Indian Penal Code is

    concerned, it is a settled principle of law as has already been mentioned in

    the foregoing paragraph of this judgment that to constitute the offence of

    cheating, the accused must have played deception since the very beginning

    of the transaction between parties.

    15. Now coming to the facts of this case, there is absolutely no allegation

    against the petitioners of playing deception since the beginning between the

    parties. Admittedly, all was going all well before the C.B.I. conducted an

    inquiry.

    16. Under such circumstances, this Court is of the considered view that

    even if the entire allegations made against the petitioners, are considered to

    be true, still it does not constitute the offence punishable under Section 420

    of the Indian Penal Code.

    17. So far as the offence punishable under Section 406 of the Indian

    Penal Code is concerned, even if the allegations made against the

    petitioners are considered to be true, then the only allegation against the

    petitioners is that petitioners have taken money either as advance or as a

    loan. So, in either case, the money given by the complainant to the

    petitioners cannot be termed as “entrusted” as the word entrusted has been
    9 Cr.M.P. No.846 of 2022
    (2026:JHHC:21314)

    used in Section 405 of the Indian Penal Code, the punishment of which is

    provided for in Section 406 of the Indian Penal Code. So, in absence of any

    dishonest misappropriation of any entrusted property, even if the entire

    allegations made against the petitioners, are considered to be true in their

    entirety, still the offence punishable under Section 406 of the Indian Penal

    Code is not made out. More so, because it is a settled principle of law, as

    already indicated above in the foregoing paragraphs of this judgment, both

    the offences punishable under Sections 406 and 420 of the Indian Penal

    Code, cannot co-exist.

    18. In view of the discussions made above, this Court is of the

    considered view that the dispute between the parties is at best a civil dispute

    and cloak of criminal case has been given to it for the purpose of wreaking

    vengeance, hence, continuation of this criminal case against the petitioner

    will amount to an abuse of the process of law, therefore, this is a fit case

    where the entire criminal proceedings initiated against the petitioners in

    connection with Argora P.S. Case No. 51 of 2020 arising out of Complaint

    Case No. 67 of 2015 for the offence punishable under Section 406 / 420 / 34

    of the Indian Penal Code, taking cognizance dated 25.03.2025 passed by the

    learned J.M.F.C. – XIII, Ranchi and chargesheet dated 28.02.2025 in

    connection with the aforesaid case, be quashed and set aside.

    19. Accordingly, the entire criminal proceedings initiated against the

    petitioners in connection with Argora P.S. Case No. 51 of 2020 arising out

    of Complaint Case No. 67 of 2015 for the offence punishable under Section

    406 / 420 / 34 of the Indian Penal Code, order taking cognizance dated

    25.03.2025 passed by the learned J.M.F.C. – XIII, Ranchi and chargesheet
    10 Cr.M.P. No.846 of 2022
    (2026:JHHC:21314)

    dated 28.02.2025 in connection with the aforesaid case, is quashed and set

    aside.

    20. In the result, this Cr.M.P., is allowed.

    (Anil Kumar Choudhary, J.)

    High Court of Jharkhand, Ranchi
    Dated the 06th July, 2026
    AFR/ Aditi
    Uploaded On – 21/07/2026

    11 Cr.M.P. No.846 of 2022



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