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P. B. Nanjaiah Lingammal Public Charitable Trust, Represented by its Managing Trustee N. Krishnaswamy – Appellant
Versus
P. P. Sivaswamy, General Secretary of Genesisi Society, Coimbatore – Respondent
JUDGMENT :
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to C.C. No.38 of 2017 on the file of the Judicial Magistrate, Mettupalayam, and quash the same.)
1. This Criminal Original Petition has been filed to quash the proceedings in C.C. No.38 of 2017, pending on the file of the learned Judicial Magistrate, Mettupalayam.
2. Brief facts of the case in a nutshell are as follows:-
3. Though the private complaint runs to ab
The main legal point established in the judgment is the principle that the continuation of criminal proceedings would amount to an abuse of process of the Court, especially in the presence of pending....
Criminal intent in property transactions leads to proceedings under IPC, regardless of parallel civil suits.
The Court held that the essential ingredients of the offences alleged against the petitioners are not present. The Court also noted that the dispute between the parties is essentially civil in nature....
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