Back
M. NAGAPRASANNA
Kirti K. Mehta, S/o. Late Sri Kantilal Mehta – Appellant
Versus
State of Karnataka, By Sampigehalli Police Station, Represented By State Public Prosecutor High Court of Karnataka – Respondent
ORDER :
M. Nagaprasanna, J.
The petitioners in these cases are either developers or former Directors or those who have come into the shoes of developers. The complainants in all these cases are different home buyers from M/s Unishire Homes LLP. The grievance of different complainants in all these cases is common. Therefore, facts obtaining in Criminal Petition No.6658 of 2024 are noticed in entirety and facts obtaining in other petitions are succinctly narrated.
2. Facts, in brief, germane are as follows:
The petitioners in Criminal Petition No. 6658 of 2024 are the partners of the Company, a Limited Liability Partnership concern said to be incorporated under the Limited Liability Partnership Act, 2008 in the name and style of M/s Unishire Homes LLP (hereinafter referred to as ‘the Company’ for short). The petitioners claim to have resigned from the partnership way back in the year 2015 and claim to be disassociated with the Company. The petitioners, on the request of existing partners to continue to be the authorized signatories, the 1st petitioner is said to have continued as authoriz
The court affirmed that allegations of criminal breach of trust and cheating can coexist with civil disputes, allowing criminal proceedings to continue.
Breaches of commercial agreements do not constitute criminal offenses unless fraudulent intent is established at the outset, reinforcing that civil disputes should not be converted into criminal matt....
Criminal liability for cheating requires proof of dishonest intent from inception, distinguishing breach of contract from criminal offence.
Fraudulent intent must be established for criminal liability in financial transactions, distinguishing between civil breaches of contract and criminal offenses like cheating.
Issues reflecting civil disputes viz. dispute with regard to inheritance under a Will and Deed of Confirmation cannot be decided in a criminal proceeding and same can be done only in an appropriate c....
FIR is an abuse of process of law and/or the same has been lodged only to harass the accused, the same can be quashed in exercise of powers vested under Article 226 of the Constitution or in exercise....
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
