M/s. Diamond Cables Limited vs M/s. Nagarjuna Construction Company Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(Online)(AP) 18

ANDHRA PRADESH HIGH COURT
B. Siva Sankara Rao, J
M/s. Diamond Cables Limited – Appellant
Versus
M/s. Nagarjuna Construction Company Limited – Respondent

Table of Content
1. criminal revision – overview and initiation based on complaint leading to criminal charges. (Para 1 , 2)
2. discharge application – details regarding the conditions under which an accused may be discharged. (Para 3 , 4 , 5)
3. evidence assumption – the legal standards regarding evaluating evidence. (Para 6 , 12 , 13)
4. misappropriation – legal definitions and distinctions affecting judgement. (Para 7 , 8)
5. criminal vs civil – distinction explored regarding nature of disputes. (Para 9 , 10 , 11)
6. final decision – summary of the court’s conclusion and dismissal rationale. (Para 14 , 15)

1. This Criminal Revision case is directed against the order dated 7-10-2003 passed in Crl. M. P. No. 3779 of 2003 in C.C. No. 1020 of 2002 on the file of XXIII Metropolitan Magistrate, Hyderabad by which the learned Magistrate dismissed the application filed by the petitioners under S.239, CrPC.

2. Briefly, the facts are that the petitioners are A1 to A5 in the said C.C. The said C.C. arises out of a complaint presented by R2 - M/s. Nagarjuna Construction Company Limited, which formed the basis for registering a case in Crime No. 630 of 2002 under S.403, S.406, S.409 and S.420 of IPC