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IN THE HIGH COURT OF TELANGANA
E.V.VENUGOPAL, J
S.Srinivas Rao – Appellant
Versus
State of Telangana – Respondent
ORDER :
(E.V. VENUGOPAL, J.)
1 This criminal petition, under Section 482 Cr.P.C, is filed seeking to quash the proceedings against the petitioners herein in C.C.No.661 of 2021 on the file of the Court of the III Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Section 420 of IPC and Section 63 of the Copyright Act, 1957 and Section 65 of the Information Technology Act, 2000.
2 The facts in brief are that the complainant is the CEO and authorized signatory of Rachana Television Pvt. Ltd., having office located at Plot No.564-A-19/ III, Road No. 92, Jubilee Hills, Hyderabad. The petitioners are running a firm under name and style as Nord Sinew Technologies India Private Limited having their office at No. 301, Port Stadium Area, Green Park Colony, Balayya Sastri Layout, Seethammadara, Visakhapatnam, Andhra Pradesh. The second respondent herein lodged a complaint with the Banjara Police, Hyderabad, stating that the first petitioner herein has illegally and unauthorisedly committed theft of the programmes that were telecast in their channels and was illegally up-linking the same content to their link channels in United States of America and
The court ruled that allegations of cheating and copyright infringement were insufficient to constitute criminal offenses, emphasizing the need for evidence of fraudulent intent.
The distinction between breach of contract and criminal cheating requires proof of fraudulent intent at the transaction's inception.
Mere breach of contract does not constitute cheating unless fraudulent intention is established from the outset, as per Section 420 IPC.
The court ruled that civil disputes cannot be disguised as criminal offences, and allegations of conspiracy and forgery necessitate a full trial.
Point of Law : Offence of Cheating - Inherit Powers of High Court - Extraordinary and inherent power of this Court under Section 482 of Cr.P.C., do not tilt in favour of the petitioners to pass an or....
The court established that civil disputes should not be cloaked as criminal offenses, emphasizing the need for clear evidence of criminal intent to sustain charges of cheating.
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
The absence of specific allegations against the petitioner in a criminal complaint warrants quashing of proceedings under Section 482 of Cr.P.C. to prevent abuse of process.
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