| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Code of Criminal Procedure dismissed by High Court 1973- s.482- Scope of- Technology transfer agreement - Between a Government research institute and a private Company - The institute failed to achieve targeted specifications - Complaint by the Company-Against the institute and its officials uls. 420 /PC - Magistrate took cognizance of the offence -Application ul s.482 for quashing the criminal proceedings |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Code of Criminal Procedure, 1973- s.482- Scope of-Technology transfer agreement - Between a Governmentresearch institute and a private Company - The institutefailed to achieve targeted specifications - Complaint by theCompany-Against the institute and its officials uls. 420 /PC- Magistrate took cognizance of the offence -Application uls.482 for quashing the criminal proceedings, dismissed byHigh Court- On appeal, held: In order to bring out a case forthe offence of cheating, ·it is not merely sufficient to provethat a false representation had been made, but it should alsobe proved that the representation was made in order todecieve the complainant - In view of the facts of the caseincluding the terms and conditions of the agreement, offenceof cheating has not been made out, but it is a case of breachof contract - Mere breach of contract cannot give rise tocriminal prosecution for cheating unless fraudulent ordishonest intention is shown at the beginning of thetransaction-The dispute between the parties is purely of civilnature - Criminal liability cannot be imposed if/ disputes ofcivil nature - The inherent jurisdiction u/s. 482 should beexercised only in rare cases and in exercise of suchjurisdiction the High Court should not appreciate theevidence and its truthfulness or sufficiency - However, theHigh Court's inherent powers, either in civil or in criminalmatter, ought not be permitted to degenerate into weapon ofharassment or persecution - If the averments in thecomplaint do not constitute an offence, the court would bejustified in quashing the proceedings in the interest of justice- Therefore, the criminal proceedings are liable to bequashed in the present case- Penal Code, 1860- s.420 rlws. 34 - Contract - Breach of contract - Distinction fromoffence of Cheating |
| Judge | Hon'ble Ms. Justice R. Banumathi |
| Neutral Citation | 2015 INSC 691 |
| Petitioner | International Advanced Research Centre For Powder Metallurgy And New Materials (arci) &ors. |
| Respondent | Nimra Cerglass Technics (p) Ltd.&anr. |
| SCR | [2015] 11 S.C.R. 299 |
| Judgement Date | 2015-09-22 |
| Case Number | 2128 |
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