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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Praveen Singh – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. fraudulent inducement in partnership agreement (Para 3) |
| 2. arguments regarding criminal liability (Para 4 , 5) |
| 3. validity of contractual agreement terms (Para 6 , 7) |
| 4. compliance with dealership agreement requirements (Para 8 , 9 , 10) |
| 5. presence of criminal intent under section 420 ipc (Para 11) |
| 6. disposal of petition and pending applications (Para 12) |
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 /468/471/3
Misrepresentation leading to financial loss constitutes fraud under IPC, validating the need for charges under Sections 420, 468, and 471.
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....
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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