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GITA GOPI
Vikrambhai Prabhudas Duvani – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. Rule. Mr. Hardik Mehta, learned APP waives service of Rule on behalf of the respondent– State and Mr. Rituraj Meena, learned advocate waives service of Rule on behalf of the respondent no.2.
2. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) for quashing the FIR bearing CR No.I-139/2016 registered with “A” Division Police Station, Junagadh for offences punishable under sections 406, 420, 120(B), 467, 468, 471 and 114 of IPC as well as Criminal Case no.1170 of 2017.
3. Mr. Nandish Thackar, learned advocate for the petitioners submits that pending the petition, the petitioners have accepted the OTS proposal in the NPA account of M/s. Rachana Seeds Industries Pvt. Ltd. and in accordance to the OTS scheme and after meeting and discussion with the higher authority, the Management Committee of the Bank, in the meeting held on 27.12.2018, had approved OTS for Rs.15 crores (plus ECGC claim of Rs.21.05 crore available for appropriation) against the Bank dues as on 30.9.2018 plus waiver of future interest and cost with effect from 1.10.2018 in full and final settlement of the NPA account on the terms
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....
Allegations of criminal breach of trust and cheating must demonstrate clear intent and relevant legal basis; mere contractual disputes and settled civil claims do not support prosecution under crimin....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
Civil disputes cannot be cloaked in criminality; allegations of cheating require proof of fraudulent intent at inception of the transaction.
The court established that allegations of cheating and forgery require a clear demonstration of fraudulent intent at the time of the transaction, and that the existence of a civil remedy does not pre....
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
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