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TIRTHANKAR GHOSH
Kerala State Electronics Development Corporation Ltd. – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge of criminal proceedings in a case. (Para 1 , 2 , 3) |
| 2. arguments regarding the lack of criminal liability. (Para 4 , 5 , 13 , 22) |
| 3. court's reflections on evidence and procedural matters. (Para 6 , 8 , 10 , 12 , 14 , 19 , 20 , 21) |
| 4. conclusion on the validity of criminal charges. (Para 25 , 26) |
| 5. final ruling allowing the petitioner relief. (Para 27 , 28 , 29) |
JUDGMENT :
Tirthankar Ghosh, J.
1. The present revisional application has been preferred challenging the continuation of the proceedings being GR(s) no.417/2020 arising out of New Market police station case no. 109/2020 dated 01.04.2020 under Section 120B/420/406/403/469 of the INDIAN PENAL CODE .
2. The petitioner before this Court is a Government of Kerala undertaking who have been implicated along others in connection with the instant case at the instance of the complainant/opposite party no.2. Petitioner approached this Court at a stage when the investigation of the case was pending, however, during pendency of the revisional application the investigating agency submitted charge-sheet as such the petitioner submitted a supplementary affidavit including the charge-sheet and all the documents relied
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....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
Main Legal Point
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
Fraudulent intent at the inception of a transaction is essential to establish cheating; mere breach of contract does not constitute a criminal offence.
Criminal proceedings cannot be initiated for disputes that are purely civil in nature, and the High Court has the authority to quash such proceedings to prevent abuse of the legal process.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
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