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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO
Karinki Krishna Kanth, S/o. K. Nageshwara Rao – Appellant
Versus
State of Telangana, Represented by its Public Prosecutor High Court, Telangana – Respondent
| Table of Content |
|---|
| 1. petition details and nature of allegations. (Para 1 , 2) |
| 2. arguments on fraudulent intent and civil versus criminal nature. (Para 4) |
| 3. court observations on nature, intent, and legal distinctions. (Para 6 , 7 , 8 , 10 , 12 , 13 , 14 , 15) |
| 4. conclusively denying the quash of proceedings. (Para 16 , 17) |
ORDER:
This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/accused No.1 seeking to quash the proceedings in C.C.No.11868 of 2021 on the file of the XII Additional Metropolitan Magistrate, Nampally, Hyderabad, for the offence under Section 420 of the Indian Penal Code, 1860 (for short, ‘the IPC ’).
On 17.04.2021 at about 15:00 hours, Respondent No. 2 filed a complaint, wherein he stated that his firm undertakes government civil contract works and that, in the course of business, the Directors of M/s Dhruthi Infra Projects Limited, including the petitioner along with accused Nos.2 and 3, who were directors of the firm and responsible for the in day-to-day affairs, approached him between May 2015 and April 2017 and obtained a hand loan of Rs. 14,20,00,000/-. They agreed to repay Rs. 12,00,00,000/- with 24% int
The court emphasized that allegations of fraudulent financial transactions satisfy the essential ingredients for criminal liability under IPC Section 420, and cannot be dismissed as merely civil disp....
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
The ingredients of the offence under Section 420 IPC must be satisfied for a criminal prosecution to be maintainable, even if a civil dispute exists between the parties. The pendency of a case under ....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
Point of Law : Inherent jurisdiction under Section 482 Cr.P.C. though wide, has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specificall....
The main legal point established in the judgment is that allegations in a complaint should be accepted at face value at the pre-trial stage, and the trial court should have the opportunity to weigh t....
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