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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Satish Choudhary – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
(1) The petitioners have challenged in the instant revision the proceedings in G.R. Case No. 887 of 2014, now pending in the Court of the Chief Judicial Magistrate, Howrah, in connection with the Howrah Police Station Case No. 124 of 2014 dated 3.3.2014. The petitioners are the first three accused persons in the FIR as above, filed by the opposite party No. 2. The Howrah Police Station Case No. 124 of 2014 dated 03.03.2014, has been registered under sections 406, 420, 467, 468, 469, 120B and 34 of the Indian Penal Code.
(2) Chronology of events leading to filing of the FIR as above, may be narrated in a nutshell, as follows:-
- Pushpanjali Tie Up Private Limited, represented here by the opposite party No. 2, said to have invested a huge amount of money to purchase 5,25,000 shares of Flexituff International Limited, worth Rs. 11,25,00,000/-. Thus, the complainant/opposite party No. 2 claims to be the owner of the entire share of Flexituff International Limited as above stated.
- In the month of March 2013, due to some financial crisis, the complainant/opposite party No.2 had decided to pledge those shares and was introduced to the petitioners, through the
Civil disputes cannot be cloaked in criminality; allegations of cheating require proof of fraudulent intent at inception of the transaction.
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
Breaches of commercial agreements do not constitute criminal offenses unless fraudulent intent is established at the outset, reinforcing that civil disputes should not be converted into criminal matt....
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....
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....
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