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october 2010

Supreme Court of India · 2010-10-25

P.Uday Kumar vs State Of Jharkhand & Anr

Court
Supreme Court of India
Petitioner
P.Uday Kumar
Respondent
State Of Jharkhand & Anr
Bench
Harjit Singh Bedi, Chandramauli Kr. Prasad

Judgment text excerpt

The Supreme Court addressed the appeal against the Jharkhand High Court's order refusing to set aside the Magistrate's decision to frame charges under Section 406 IPC. The Court held that the amount given by the complainant to the appellant was a loan for executing contract work, which does not fulfill the ingredients of criminal breach of trust under Section 405 IPC necessary for a charge under Section 406 IPC. Consequently, the Court quashed the charges under Section 406 IPC, emphasizing the need for clear evidence of criminal intent in such cases.

P.Uday Kumar vs State Of Jharkhand & Anr · Niyam