Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO
V. Murali Krishna, Managing Director, M/s.Satya Kalyan Constructions Private Limited – Appellant
Versus
State of Telangana, Represented by its Public Prosecutor High Court of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioners filed petition to quash criminal proceedings. (Para 1 , 2 , 3) |
| 2. petitioners argue no offence committed. (Para 4) |
| 3. respondents argue complaint shows clear offences. (Para 5) |
| 4. court considers submissions of both parties. (Para 6 , 7 , 8) |
| 5. court assesses implications of complaint timing. (Para 9 , 10 , 11) |
| 6. delay in filing complaint not grounds for quashing. (Para 12) |
| 7. corporate veil cannot shield personal liability. (Para 13) |
| 8. criminal liability can arise from corporate actions. (Para 14 , 15) |
| 9. existence of arbitration clause doesn't preclude criminal proceedings. (Para 16) |
| 10. supreme court's guidelines on quashing firs examined. (Para 20 , 21) |
| 11. investigation must continue when allegations are serious. (Para 30 , 31) |
| 12. criminal petition dismissed; investigation continues. (Para 32 , 33) |
ORDER :
This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 , (for short, ‘the Cr.P.C .) by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in Crime No.88 of 2020 of Central Crime Station, Hyderabad, registered for the offences under Sections 406 and 420 of the Indian Penal Code, 1860 (for short, ‘
Allegations of dishonest misappropriation and breach of trust in contractual agreements can sustain criminal liability under IPC, irrespective of the civil nature of disputes.
The judgment established that not every breach of contract amounts to a criminal offence and emphasized the importance of the presence of deception and dishonesty at the inception of a transaction to....
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction 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....
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....
Breaches of commercial agreements do not constitute criminal offenses unless fraudulent intent is established at the outset, reinforcing that civil disputes should not be converted into criminal matt....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
