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RITU BAHRI, MANISHA BATRA
Kamlesh Rani – Appellant
Versus
Vijay Munjal – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing appeal (Para 1 , 2 , 3) |
| 2. criminal conspiracy and preliminary evidence (Para 4 , 5 , 6 , 7) |
| 3. arguments on trial court's acquittal (Para 8 , 9) |
| 4. appeal against acquittal principles (Para 10 , 11 , 12) |
| 5. proof of cheating and forgery (Para 13 , 14 , 15 , 16 , 17) |
| 6. assessment of threat under ipc (Para 18) |
| 7. conclusion on the appeal (Para 19 , 20) |
JUDGMENT
Manisha Batra, J.
CRM-17798-2019
This is an application for condonation of delay of 29 days in filing the application for seeking leave to file the appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 29 days in filing the application for seeking leave to file the appeal is condoned.
CRM-17799-2019
The application is allowed, as prayed for subject to just exceptions.
CRM-A-991-2019
The applicant Smt. Kamlesh Rani who was complainant before the Court of Sub Divisional Judicial Magistrate, Dabwali, had filed Criminal Complaint No.56-1 of 2014 titled Kamlesh Rani v. Vijay Munjal and another alleging therein that the respondents named therein had hatched a criminal conspiracy against her and had committed offences of cheating and forgery and that th
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
Non-payment in commercial transactions does not constitute cheating or criminal breach of trust without establishing fraudulent intent.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
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