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2005 Supreme(Online)(AP) 7

ANDHRA PRADESH HIGH COURT
C. Y. Somayajulu, J.
M/s. Vishal Paper Tech India Ltd. and Others v. State of A.P. and Another


Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

Table of Content
1. filing of private complaint based on alleged cheating in contract. (Para 1)
2. defendants argue civil liability does not translate into criminal intent. (Para 2 , 3)
3. various cases cited establishing standards for criminal liability. (Para 4 , 5 , 6 , 7 , 8 , 9)
4. court emphasizes existence of civil liability does not preclude criminal proceedings. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16)
5. court seeks to clarify applicability of mens rea and subsequent verdict. (Para 17 , 18 , 19 , 20)

1. Second respondent filed a private complaint against the petitioners and others alleging that the accused who entered into an agreement on 20-1-1995 to purchase a Multi - layer coated boards manufacturing, machine for Rs. 380.00 lakhs on ex - works basis, took bank guarantees and post - dated cheques as security for due performance of the contract, and that as per the terms agreed between them those bank guarantees and post - dated cheques have to be returned on pro - rata basis on the basis of the supplies made and even after it supplied the machinery worth Rs. 380.00 lakhs, the accused who paid the price of Rs. 380 lakhs, as agreed, had, with a view to defraud it, presented some



















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