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SUBHENDU SAMANTA
Blue Star limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. This is an application u/s 482 of the Code of Criminal Procedure for quashing of a complaint case being CS No. 63855/2017 pending before the Learned 3rd Metropolitan Magistrate, Calcutta alleging offence u/s 415/418/420 IPC.
2. The brief fact of the matter is that the petitioner No. 1 is a Company and other petitioners are directors of petitioner No. 1. O.P. No. 2 is a proprietorship concerned who lodged the instant complaint before the Learned Metropolitan Magistrate.
3. The complaint contained that the OP No. 2 had a long business transaction with the petitioner No. 1 in respect of various contracts and projects since last 10 years and more. It is averted in the petition of complaint that time to time the complainant has been awarded with numerous contract for supply installation testing and commissioning for the petitioners.
4. It is further averted in the petition of complaint that all such contracts have been successfully performed by the complainant/ Opposite Party No. 2 and accordingly he raised his bills/invoices to the accused. It has also been averted in the petition of complaint that petitioners/accused persons for paid bills/ vouchers of th
A mere breach of contract does not constitute criminal liability under IPC unless fraudulent intent is established at the time of inducement.
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....
Mere non-payment for goods in a civil transaction cannot constitute cheating or criminal breach of trust under IPC; intent must be proven.
The court established that criminal proceedings cannot be initiated for civil disputes, and the absence of fraudulent intent negates charges of cheating and criminal breach of trust.
The main legal point established in the judgment is that a dispute primarily civil in nature, such as non-payment under a contractual liability, does not necessarily constitute an offence under Secti....
The main legal point established in the judgment is that allegations in a complaint should be accepted at face value at the pre-trial stage, and the trial court should have the opportunity to weigh t....
The court held that mere non-payment of dues in a commercial transaction does not constitute criminal offences under IPC Sections 406 and 420, emphasizing the distinction between civil and criminal l....
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
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