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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Vuenow Infotech Pvt.Ltd. – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Heard Shri G.S. Chaturvedi, learned Senior Advocate assisted by Mr. Mohd. Haider, learned counsel for the petitioner alongwith Shri Akshay, Advocate and Shri Shashi Dhar Pandey, learned A.G.A. for the State.
2. The present writ petition is preferred inter alia with following reliefs :
(a) Call for records and issue order, direction or writ in the nature of certiorari or any other similar writ, thereby quashing the impugned FIR dated 24.11.2024 registered as Case Crime No. 463 of 2024 under Sections 318(4), 61(2) and 316(2) BNS 2023 registered at P.S. Sector 58, Noida District Commissionerate.
(b) Issue any other writ, order or direction which this Hon'ble Court may deems fit and proper in the circumstances of the case.
(c) Award the cost of the writ petition to the petitioner.
Facts of the Case:
3. A First Information Report was lodged on 24.11.2024 in P.S. Noida Sector-58, District Gautam Buddh Nagar under Section 318(4), 61(2), 316(2) BNS 2023. As per the FIR, against the petitioner-M/s. Vuenow Infotech Pvt. Ltd. and other related companies and individuals, the Enforcement Directorate conducted a search and seizure on 17.10.2024 at various places including the premises of pet
The court upheld that allegations in the FIR indicated a prima facie case of cognizable offences, necessitating thorough investigation into the fraudulent investment scheme.
Fraudulent intent must be established for criminal liability in financial transactions, distinguishing between civil breaches of contract and criminal offenses like cheating.
The court reiterated that a mere breach of contract does not constitute a criminal offence unless fraudulent or dishonest intention is established, quashing the FIR due to lack of supporting evidence....
The court affirmed that without personal wrongdoing or clear involvement in company actions post-resignation, criminal liability cannot be established, and proceedings can be quashed as an abuse of p....
The court confirmed that a fiduciary relationship can give rise to criminal liability under IPC sections for failure to remit entrusted funds, emphasizing that both civil and criminal remedies may be....
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....
Deviation from loan agreements and misappropriation of loan funds constitute a cognizable offence of criminal breach of trust, warranting the registration of an FIR.
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