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KRISHNA MURARI, AHSANUDDIN AMANULLAH
Mukul Agarwal – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Krishna Murari, J.
This Miscellaneous Application has been filed by the applicant- Mukesh Maganlal Doshi, seeking clarification of the order dated 10.02.2020 passed by this Court in Criminal Appeal No. 249 of 2020. The said Miscellaneous Application is accompanied by an application seeking permission to file intervention for clarification and an application for intervention.
2. It is pertinent to point out at this stage itself that applicant was not a party in Criminal Appeal No. 249 of 2020, which was decided by order dated 10.02.2020, the clarification whereof is being sought by the applicant.
3. The facts as culled out in the application justifying seeking of the clarification by way of intervention in nutshell are as under:-
(i) A complaint was filed on 5th March, 2019 with the Police authorities at Mumbai pertaining to unauthorised sale of several units of building in favour of various persons by business associates of the complainant, which inter alia included sale of seven units to the present applicant’s group.
(ii) The complaint also levelled allegations against his business associates for obtaining fraudulent loans from bank.
(iii) On 19.03.2020, the complainant appro
Binding Precedent – Courts will not follow binding law declared by Supreme Court in case it is found that same is applicable to facts of a particular case.
The main legal point established in the judgment is that when disputes between the parties constitute only civil wrong and not a criminal wrong, the Courts would not permit a person to be harassed. T....
Criminal proceedings cannot proceed in civil disputes, aimed at preventing misuse of legal processes. Courts must ensure that only matters with substantial criminal allegations are pursued judiciousl....
The main legal point established in the judgment is that the PMLA is an independent sui generis Act, and the complainant is required to prove the case independently, without presuming the derivation ....
The court emphasized that civil disputes should not be converted into criminal cases, and the continuation of such proceedings constitutes an abuse of the legal process.
Inordinate delay in filing of criminal proceeding amounts to abuse of process of law.
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
Advance payment under oral sale agreement not entrustment for criminal breach of trust; mere failure to execute sale and selling to third party not cheating absent dishonest intention from inception.
Registration of FIR for civil disputes under criminal guise is unsustainable; courts must prevent misuse of criminal law.
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