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SANJAY KAROL, AHSANUDDIN AMANULLAH
Hyeoksoo Son Authorized Representative For Daechang Seat Automotive Pvt. Ltd. – Appellant
Versus
Moon June Seok – Respondent
JUDGMENT :
SANJAY KAROL, J.
Leave granted.
2. This appeal is at the instance of the complainant-Company aggrieved by the final judgment and order dated 19th February, 2024 in Criminal Petition No.5599 of 2023 passed by the High Court of Karnataka at Bengaluru, whereby under its inherent powers, the Court quashed the criminal proceedings as well as the chargesheet in C.C.No.8373 of 2023 which, in turn, was registered as a result of Crime No.287 of 2022 at Sanjay Nagar Police Station for offences punishable under Sections 406, 408, 409, 418, 420, 120B read with 34 of the Indian Penal Code, 1860, pending on the file of III Additional Chief Metropolitan Magistrate, Bengaluru.
Factual Background & Proceedings leading up to this Appeal
3. The instant case pertains to the alleged fraud having been committed by the respondent while in the employment of Daechang Seat Automotive Ltd.1[Hereinafter “the Company”] The present appellant is the authorized representative of the said Company. The main business of this company is to manufacture seat related equipment for cars of the ‘KIA’ make. The
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Inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and allegations must disclose a cognizable offence for proceedings to continue.
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The Court held that the inherent power of the High Court under Section 482 CrPC can be exercised to quash a criminal proceeding if it is found that the proceeding is an abuse of the process of the Co....
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