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SANDEEP KUMAR
Jaswinder Singh @ Jaswinder Singh Sethi, Son of Joginder Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Sandeep Kumar, J.)
Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the opposite party no.2.
2. This application has been filed for quashing the order dated 01.11.2022 passed by the learned A.C.J.M.-X, Patna in connection with Complaint Case No.7271 of 2021, by which the learned Magistrate has taken cognizance against the petitioners for the offence under sections 417 and 418 of the Indian Penal Code.
3. As per the complaint, the petitioners are the Directors of M/s. Comed Chemicals Limited, Vadodara (Gujarat), hereinafter to be referred as the “petitioner-company”, which is engaged in the business of manufacturing of medicines. A trademark license agreement dated 06.03.2013 was duly executed between the petitioner -company and the complainant (opposite party no.2) for manufacturing the medicines as per the order given by the complainant. It has been alleged in the complaint petition that after the agreement, the transactions were going on smoothly and the quality of the medicines prepared by the petitioner-company was to the satisfaction of the complainant. In the year 2015, the complainant supplied the medicines prepared
Criminal liability cannot arise from mere breach of contract unless fraudulent intent is established; disputes governed by an arbitration clause should be resolved civilly.
Criminal proceedings cannot be sustained against employees without specific allegations of dishonest intention; the matter is purely civil in nature.
The court quashed the FIR and related proceedings, determining that the allegations were civil in nature and subject to arbitration, not criminal prosecution.
Criminal proceedings should not be used to scuttle legitimate prosecutions and cautioned against criminalizing civil disputes.
Non-performance of contractual obligations does not constitute criminal cheating without evidence of fraudulent intent; disputes of civil nature should be resolved through civil remedies.
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 a criminal complaint lacking merit and based on a civil dispute, as well as a complaint rendered infructuous due to the liquidation of the com....
The main legal point established in the judgment is the requirement for a prima facie case to be established in criminal proceedings, and the court's authority to quash proceedings if the allegations....
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