Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973:S.482 - Quashing of criminal proceedings - Power of High Court - Discussed - The question involved in the present case is essentially a civil dispute - Case for imposing criminal liability not made out - In view of the peculiar facts 'ยท and circumstances of the case and in order to do complete justice, certain directions issued - Constitution of India, Article f 142. The firm in which the appellant was a partner, entered into an agreement with another firm whereby the latter firm was to receive 10% commission on the invoice value of each and every invoice and total sales made directly or indirectly by the firm. Alleging that the appellant has .l. committed the offences of criminal breach of trust and/ or of cheating and forgery by not paying commission to the firm on the sale of about Rs.9 crores through a sister concern, a Complaint Petition was filed. The Magistrate directed the Police to lodge FIR, and it was lodged. The Magistrate took cognizance of the offences against the appellant. Thereafter the appellant filed an application before the High Court for quashing of the order passed by the Magistrate. It was dismissed. Hence the appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 296 |
Petitioner | Mahesh Choudhary |
Respondent | State Of Rajasthan & Anr. |
SCR | [2009] 3 S.C.R. 1005 |
Judgement Date | 2009-03-03 |
Case Number | 417 |
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