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Somjeet Mallick vs. State of Jharkhand & Ors. (SC)

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Penal Code, 1860–Sec. 406–Code of Criminal Procedure, 1973–Sec. 482–Order of taking cognizance–Quashed by High Court–Justification–Truck was taken on hire for a certain period on the monthly rent of Rs. 33,000/- –After payment of rent of one month, the rent was not paid despite false assurances–The allegation that rent was not paid by itself, in the ordinary course, would presuppose retention of possession of the vehicle by the accused–If it has been dishonestly disposed of by the accused, it may make out a case of criminal breach of trust–There was no justification to quash the FIR at the threshold without looking into the material collected during the course of investigation.