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SUBRAMONIUM PRASAD
Praveen Singh – Appellant
Versus
State – Respondent
JUDGMENT
Subramonium Prasad, J. - The petitioner seeks to challenge the order dated 12.03.2021, passed by the learned Additional Sessions Judge - 02, East District, Karkardooma Courts, in Crl. Rev. Petition No.177/2019.
2. The learned Additional Session Judge by the order impugned herein has allowed the revision petition filed by the respondent No.2 herein by setting aside the order dated 12.07.2017 passed by the learned Chief Metropolitan Magistrate, Karkardooma Courts, Delhi, and has directed the Trial Court to frame charges against the petitioners herein for offences under Sections 420/468/471 of the IPC and proceed further as per law.
3. Shorn of details, facts leading to the present petition are as under:
a) FIR No.632/2013 was registered at Police Station Kalyan Puri for offences under Sections 420/468/471/34 IPC on the complaint of respondent No.2 herein. It is alleged in the complaint that in September, 2010 the petitioner herein introduced himself to the complainant as the owner of M/s Shivan Auto Centre and Petrol Pump of Indian Oil Corporation situated at NH 24, Mayur Vihar, Phase II, Delhi. It is stated that the petitioner No.1 lured the complainant for 50% partnership in t
The central legal point established in the judgment is the application of fraud and criminal misrepresentation under Sections 420/468/471 of the Indian Penal Code in the context of a partnership agre....
Partners in a firm are jointly responsible for the activities within the partnership and the liabilities arising from such activities.
Criminal proceedings cannot be sustained where allegations do not demonstrate fraudulent intent or dishonest misappropriation from the inception of the transaction.
The main legal point established in the judgment is the requirement of deception and dishonest inducement for the offence of cheating under Section 420 of the Indian Penal Code, along with the releva....
Mere breach of contract cannot constitute cheating or criminal breach of trust without evidence of fraudulent intent; suppression of material facts by the complainant invalidates the proceedings.
The main legal point established in the judgment is that the dispute was civil in nature and had been given the color of criminality. The court also found that no case under Section 423 read with Sec....
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