BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
A. S. GADKARI, J
Ganesh Benzoplast Limited – Appellant
Versus
Morgan Securities Credits Private Limited & Anr. – Respondent
| Table of Content |
|---|
| 1. petitioners' complaints and background context. (Para 1 , 1 , 4) |
| 2. challenges to prior judicial findings (Para 2 , 8) |
| 3. prior inquiry and process issuance (Para 5 , 6) |
| 4. arguments on cheating and breach of trust (Para 7) |
| 5. arguments presented by the accused's counsel. (Para 10) |
| 6. arguments countered with reference to legal precedents. (Para 11 , 12) |
| 7. court's detailed observations and rulings. (Para 14) |
| 8. corporate liability and mens rea (Para 18) |
| 9. final decisions and directives by the court. (Para 21) |
1) The aforementioned Petitions are filed under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 (for short, ' Cr.P.C .').
The Petitioner Ganesh Benzoplast Limited is Complainant in CC No.56/SW/2011 pending on the file of learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai. The Respondent No.1 in WP No. 127 of 2020 i.e. Morgan Securities Credits Pvt. Ltd. is accused No.1 and Petitioners in WP No.348 of 2020, 349 of 2020 and 357 of 2020 are original accused Nos.3, 4 and 2 respectively in the said complaint.
For the sake of brevity, the parties herein will be hereinafter referred to as per their
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