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2011 Supreme(UK) 533

P.SATHASIVAM, B.S.CHAUHAN
THERMAX LTD. – Appellant
Versus
K. M. JOHNY – Respondent


For the Appellants :Dr. A.M. Singhvi and Mr. C.S. Vaidyanathan, Sr. Advocates, Mr. Kavin Gulati, Mr. Shrikant Doijode, Mr. Jaiveer Shergill, Mr. S.K. Jain, Mr. Brij Kishor Sah and Mr. Shivaji M. Jadhav, Advocates
For the Respondents:Mr. Shankar Chillarge, AG, Mr. KTS Tulsi, Sr. Adv., Ms. Susmita Lal, Mr. Maheen Pradhan, Mr. Ravinder Singh, Ms. Asha Gopalan Nair and Mr. Pratik Bombarde, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The appeal concerns the legality of criminal proceedings initiated against the appellants, who are involved in contractual disputes with the respondent, and whether those proceedings were justified or amounted to an abuse of process (!) (!) .

  2. The core issue is whether the complaint filed by the respondent discloses criminal offences under Sections 405, 406, 420, and 34 of the Indian Penal Code, or whether the dispute is essentially civil in nature, requiring resolution through civil courts (!) (!) .

  3. The complaint alleges that the appellants, including a company and its senior managerial personnel, engaged in acts of cheating and criminal breach of trust by supplying scrap material, defaulting on payments, and misappropriating property, but the complaint lacks specific evidence of dishonest intent or fraudulent inducement at the time of the transactions (!) (!) (!) (!) .

  4. The complaint is based on disputes arising from contractual obligations, which are predominantly civil in nature, and previous investigations had categorized similar claims as civil disputes, leading to their closure (!) (!) .

  5. The proceedings under Section 156(3) of the Criminal Procedure Code were initiated without proper consideration of the civil nature of the dispute, and the Magistrate's call for a police investigation was found to be a grave error (!) (!) .

  6. The complaint's allegations do not establish the essential ingredients of the criminal offences alleged, particularly the element of dishonest intention or fraudulent inducement necessary for offences like cheating and criminal breach of trust (!) (!) (!) (!) .

  7. The delay in filing the complaint, spanning several years after the alleged events, and prior investigations concluding the matters as civil disputes, undermine the credibility of the criminal proceedings and suggest an abuse of process (!) (!) .

  8. The concept of vicarious liability does not extend to criminal law in this context; thus, holding senior officers or members of the management liable without specific involvement or evidence of their personal role is not justified (!) .

  9. The court emphasizes that criminal proceedings should not be initiated where the dispute is primarily civil, especially when previous investigations have already determined the nature of the dispute, and the complaint appears to be an attempt to bypass civil remedies or to exert undue pressure (!) (!) .

  10. Ultimately, the appellate court found that the proceedings initiated against the appellants were not sustainable, the complaint was based on civil issues, and the earlier investigations had already addressed the matter. Therefore, the criminal proceedings and the orders based on them were set aside, and the complaint was quashed (!) (!) .

If you require further analysis or specific legal advice based on this document, please let me know.


JUDGMENT

P. Sathasivam, J.— Leave granted.

2. This appeal is directed against the final judgment and order dated 11.01.2008 passed by the High Court of Judicature at Bombay in Criminal Writ Petition No. 1622 of 2007 wherein the Division Bench of the High Court dismissed the writ petition filed by the appellants herein as misconceived.

3. Brief Facts :

(a) M/s Thermax Ltd-the appellant-Company, is a Public Limited Company having its registered office at Chinchwad, Pune and is engaged in the field of energy and environment management. Mr. K.M. Johny-the original complainant, Respondent No. 1 herein, is the proprietor of M/s Rini Engineers and M/s Sherly Engineers, which are small-scale industries undertaking fabrication job work for the appellant Company for the past several years.

(b) On 26.05.1995, the appellant-Company placed three Purchase Orders on Respondent No.1 being Order No. 260062 for designing and manufacturing two numbers of stationary L.P.G. Storage Tanks and Order Nos. 260063 and 260064 were for the supply of consumables and other accessories to the said Tanks. On 01.06.1995, M/s Unique Engineering Services, the Consultants of the appellant Company addressed a





































































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