Back
VENKATA JYOTHIRMAI PRATAPA
V. Madhusudhana Rao – Appellant
Versus
State, Rep. By Inspector Of Police, Tadipatri Town Police Station, AP, Rep. By The Public Prosecutor, High Court Of Andhra Pradesh – Respondent
ORDER :
(Venkata Jyothirmai Pratapa, J.)
The instant petition under Section 482 of the Code of Criminal Procedure, 1973,[in short ‘Cr.P.C.’] has been filed, by the Petitioners/Accused Nos.1, 3, 4, 5 & 7, seeking quashment of the proceedings against them in C.C.No.428 of 2018 on the file of the Court of Judicial Magistrate of First Class, Tadipatri, Ananthapuram District for the offences under Sections 420, 406 read with 34 of Indian Penal Code,[in short ‘IPC;].
2. Initially, Respondent No.2/defacto complainant filed a private complaint under Section 200 and 156(1) of Cr.P.C. for offences under Sections 420, 406 read with 34 of I.P.C., against the petitioners herein and two others before the Judicial Magistrate of First Class, Tadipatri, Ananthapuram District on 15.03.2016. The Court forwarded the complaint to the S.H.O., Tadipatri Town P.S. under Section 156(3) Cr.P.C for registration of F.I.R., investigation and report. Thereafter, the Respondent No.1 herein has registered F.I.R.No.107 of 2016 on 31.03.2016 for the said offences.
3. Contents of the complaint in brief:
Criminal proceedings cannot be sustained against employees without specific allegations of dishonest intention; the matter is purely civil in nature.
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
Mere breach of contract does not constitute criminal offences without proven fraudulent intent; legal remedies should be pursued in civil courts.
The court established that a civil dispute can coexist with criminal allegations, and the mere existence of a civil remedy does not negate the possibility of criminal liability if the complaint discl....
The main legal point established in the judgment is that criminal proceedings cannot be used to settle civil disputes, and vicarious liability of directors requires specific averments showing their i....
Point of law : In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the off....
The court reiterated that a mere breach of contract does not amount to cheating or criminal breach of trust, and that the essential ingredients of these offenses, such as fraudulent or dishonest inte....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
