SHAMPA DUTT (PAUL)
Ingram Micro India Pvt. Ltd. – Appellant
Versus
Duckback Information Systems Pvt. Ltd. – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of the proceeding arising out of case no. CS 27633 of 2023, pending before the learned Metropolitan Magistrate, 19th Court, Calcutta, under Sections 120B/409/418/420/465/467/468/471 of the Indian Penal Code.
2. The allegations in the written complaint against the petitioner company herein is as follows:-
The management of the complainant company appointed the accused no. 1 as Management Accountant of the complainant company w.e.f. 02.06.1997. Subsequently she was made the Accounts Executive and she used to handle the entire finance and accounts department of the complainant company. She was also a Bank Signatory of the complainant company.
In order to enable the accused no. 1 to perform her job smoothly and efficiently, the accused no. 1 was provided with company’s letter-heads, company’s seal, official files, official stationary, classified documents, party ledgers, company’s balance sheets, IT Files, bank statements, accounting soft
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Criminal proceedings cannot be maintained without sufficient evidence, especially when initiated after significant delay post-arbitral award, indicating potential malafide intent.
Allegations of financial misconduct must establish criminal intent; mere breach of contract does not constitute a criminal offence under IPC sections 406 and 420.
The distinction between civil disputes and criminal offences is vital; mere breach of contract does not constitute criminal cheating without evidence of fraudulent intent.
(1) Principle of res judicata is equally applicable in criminal matters.(2) Dishonour of cheque – A person cannot be vicariously prosecuted, especially for offences under IPC, merely on account of fa....
Civil Disputes cannot be given colour of criminal cases as a pressure tactics.
The court held that allegations of fraud and misappropriation of funds, when inter se and with no public implications, are arbitrable under the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the necessity of fulfilling the essential ingredients of the offence of cheating under Section 420 of the IPC and the liability of directors in cor....
The main legal point established in the judgment is that serious allegations of fraud and the pending criminal case against a party may make it improper to refer disputes to arbitration, leading to t....
The main legal point established in the judgment is that the timing of TDS payment, the liability of the petitioners under Sections 276(B) and 278(B) of the Income Tax Act, and the interpretation of ....
The court affirmed that objections regarding non-arbitrability of disputes are not to be considered at the pre-referral stage under Section 11(6) of the Arbitration and Conciliation Act, 1996.
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