Back
SUNIL B. SHUKRE, M. W. CHANDWANI
Harry Inder Dhaul – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.W. CHANDWANI, J.
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.
3. These criminal writ petitions challenge the same order dated 23.08.2021 passed by Judicial Magistrate First Class (for short “the learned Magistrate”), Court No. 1, Nagpur directing to carry out investigation under section 156(3) of the Criminal Procedure Code, 1973 (for short “the Cr.P.C.”).
4. The petitioner in Criminal Writ Petition no. 900/2021 ex-managing director and the petitioners in Criminal Writ Petition No. 881/2021 and 901/2021 were ex-directors of ‘Global Energy Private Limited’ (for short “the company”), a company registered under the Companies Act, 1956. The company holds a trading licence issued by the Central Electricity Regulatory Commission (for short the “CERC”) under section 14 of the Electricity Act, 2003 (for short “the Act of 2003”). Respondent no. 2 is a generating company within the meaning of the section 2(28) of the Act of 2003 and operates a wind energy generating facility. On 20.09.2010, the company entered into an agreement with respondent no. 2 for sale and purchase of wind energy for a period of ten years. D
The High Court established that criminal proceedings cannot be pursued for matters fundamentally rooted in civil disputes, reinforcing the principle against abusing the legal system.
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
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
