Court finds lack of judicial application of mind in dual charges of breach of trust and cheating, orders a fresh review.
In a pivotal judgment, the Orissa High Court has set aside an order of cognizance passed by the Judicial Magistrate First Class (J.M.F.C.) in Digapahandi, relating to charges of breach of trust and cheating against Priyam Pratham Sabat. The petitioner challenged the Magistrate's order dated August 29, 2025, which was based on allegations of misappropriating funds amounting to Rs. 70 lakh.
The High Court, presided over by Justice R.K. Pattanaik, highlighted the necessity for a judicial application of mind when taking cognizance of offences, particularly when dealing with complex charges such as breach of trust and cheating. The court emphasized that these offences require distinct criminal intents at different stages, as per settled legal precedents.
The case, documented as CRLREV No.961 of 2025, brought to light a significant procedural oversight. The defense, represented by Mr. S.N. Das, argued that the Magistrate erred in simultaneously taking cognizance of both offences without adequately establishing the requisite criminal intent, especially in light of precedents set by the Supreme Court in similar cases.
Justice Pattanaik noted the cryptic nature of the Magistrate's order, which lacked a detailed analysis of the allegations and did not reflect a thorough consideration of the materials on record. Citing the Supreme Court decisions in "Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh" and "Arshad Neyaz Khan v. State of Jharkhand," the High Court reiterated that criminal intent for cheating must be present from the inception, whereas breach of trust may not involve immediate intent.
The court directed the Magistrate to revisit the case, ensuring a reasoned order that accounts for the legal nuances and materials presented. This direction underscores the judiciary's commitment to upholding due process and ensuring that charges are grounded in substantial evidence and legal reasoning.
The judgment is significant as it reinforces the importance of discernment in judicial processes, particularly in cases involving multiple charges with varying legal thresholds. The High Court's directive for a reassessment serves as a reminder of the judiciary's role in safeguarding the legal rights of individuals against procedural lapses.
Bottom Line:
Judicial application of mind is essential while taking cognizance of offences. When allegations involve breach of trust and cheating, it is necessary to determine the existence of criminal intent at the time of making false representation and whether both offences can co-exist, as per settled legal position.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 316(5) and 318(4)
Priyam Pratham Sabat v. State of Odisha, (Orissa) : Law Finder Doc Id # 2832385
