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AJOY KUMAR MUKHERJEE
Rajeev Agarwal – Appellant
Versus
Rahul Harlalkar – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. The petitioners in both the applications being CRR 1846 of 2022 and CRR 4208 of 2022 have been arraigned as accused persons in respect of a criminal proceeding being CN 632 of 2022 alleging commission of offence punishable under section 405/406/415/420/34 and 120B of the Indian Penal Code, which is now pending before the Judicial Magistrate, 19th Court, Calcutta.
2. The complaint states that accused no. 1 is the sole proprietor of Mongal Enterprises and accused no. 2 and 3 are the personal gurantors for the financial assistance made by the complainant to the accused no. 1, the accused no. 4 is the authorized signatory and engaged in day to day business of Mongal Enterprises. In September 2016, accused persons in conspiracy with each other approached the opposite party complainant for a financial accommodation of Rs. 40 lakhs for the purpose of sustaining their family business. Accused no. 2 and 3 stood as gurantor and they also represented that the proprietorship concern is worth more than Rs. 600 crores and there would be no difficulty in repayment of said financial assistance. Believing on the representation of accused no. 1 and unconditional a
Criminal prosecution for cheating requires evidence of fraudulent intent from the inception of the transaction; mere inability to repay a loan does not suffice.
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Criminal proceedings should not be used as a shortcut for civil disputes, and a mere breach of promises related to payment or repayment does not ipso facto constitute criminal breach of trust without....
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