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january 2003

Supreme Court of India · 2003-01-20

U. DHAR vs STATE OF JHARKHAND

Citation / case number
SC 2002/11080
Court
Supreme Court of India
Petitioner
U. DHAR
Respondent
STATE OF JHARKHAND
Author
ARUN KUMAR
Bench
ARUN KUMAR M.B. SHAH

Judgment text excerpt

The Supreme Court held that the dispute between the parties regarding payment under a contract is of a purely civil nature and does not constitute criminal offences under Sections 403, 406, 420, and 120B of the Indian Penal Code. The Court emphasized that the allegations made by the complainant, even if true, relate to a failure to pay a debt rather than criminal misappropriation. Consequently, the Court quashed the order of cognizance taken by the Chief Judicial Magistrate and upheld the High Court's dismissal of the petition to quash the order, thereby ruling in favor of the appellants.

U. DHAR vs STATE OF JHARKHAND · Niyam