Back
SANDEEP N. BHATT
MEHUL CHINUBHAI CHOKSI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. prayer to quash the fir. (Para 1) |
| 2. details of investment schemes and allegations. (Para 2) |
| 3. aggrieved parties have filed this petition. (Para 3) |
| 4. arguments against prima facie case against petitioners. (Para 4) |
| 5. opposition arguments on petitioners’ responsibility. (Para 5) |
| 6. state supports continuation of proceedings. (Para 6 , 7) |
| 7. court considerations and reflections on fir. (Para 8 , 9) |
| 8. assessment of prima facie case against defendants. (Para 10 , 11 , 12) |
| 9. court references to existing law precedents. (Para 13) |
| 10. dismissal of the petition. (Para 14 , 15) |
ORDER :
1. Present petition is filed with a prayer to quash and set aside impugned FIR being C.R. No. I-31 of 2017 registered with DCB Police Station, Ahmedabad, on 3.4.2017 for the offences punishable under Sections 406 , 420 and 34 of the INDIAN PENAL CODE . Present petitioners are accused Nos.2 and 4.
2. Brief facts of the case are that on 15.9.2013, the complainant and her husband had gone to M/s. Gitanjali Jewellers for making purchases and that in the bill given to them, M/s. Divyanirman Jewels, Shop No. 6, Isckon Centre, Shivranjani Crossroads, Satellite, Ahmedabad was written. It is alleged that t
Directors of a company can be held accountable for criminal breach of trust and cheating if they are found to have participated in fraudulent schemes affecting customers.
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
The ingredients of the offenses under Sections 405/406/420 IPC are prima facie present in the case, as there was evidence of entrustment of the jewelry, dishonest intention at the time of the transac....
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....
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....
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 the inherent power of the High Court under Section 482 CrPC can be exercised to quash a criminal proceeding if it is found that the proceeding is an abuse of the process of the Co....
Point of law : In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the off....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
