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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
RAMAN SHARMA S/o M.P. SHARMA – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
The petitioners in Crl.M.C.No.1711 of 2024 are accused numbers 1,11,12,14,15 and the petitioners in Crl.M.C.No.3255 of 2024 are accused numbers 6,7,8,9 and 10 in C.C.No.1816 of 2017 pending in the Court of the JFCM-VIII, Ernakulam. The case originated from Crime No.238 of 2015 registered at the Maradu Police Station alleging commission of offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code against three companies namely; 1. Colossal Projects Pvt.Ltd, New Delhi, 2. Unitech Ltd., New Delhi and 3. Unitech Ltd., Kundannoor Branch. The police, after investigation, filed final report alleging commission of the offences under Sections 406 and 420 read with Section 34 of IPC against 15 named accused. Petitioners were arrayed as accused in their capacity as Directors and Officers of the two companies.
2. Crl.M.C.Nos.3230 and 1708 of 2024 are filed by accused numbers 5 to 9 and accused numbers 10,13 to 15 in C.C.No.27 of 2017, pending on the files of the JFCM VIII, Ernakulam. The case originated from Crime No.1664 of 2014 registered at the Ernakulam Town South Police Station.
3. The petitioner in Crl.M.C.No.875 of 2024 is the 2nd accused and the
Directors cannot be held criminally liable for a company's actions without specific allegations, and failure to include required affidavits in complaints renders proceedings void.
A company can be held criminally liable for offences committed in relation to its business, and the court can impose a sentence of fine on the company even if the prescribed punishment includes impri....
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....
Allegations of dishonest misappropriation and breach of trust in contractual agreements can sustain criminal liability under IPC, irrespective of the civil nature of disputes.
A mere commercial dispute, characterized by lack of initial dishonest intention, cannot constitute criminal offenses of cheating or breach of trust.
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....
Dishonest or fraudulent intention must be present at the inception of a transaction to establish offences of cheating and criminal breach of trust; mere breach of contract does not constitute a crimi....
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