Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal law : Penal Code, 1860-Section 420-Failure to supply raw material to respondent as per contract-Case of cheating filed against appellant before Trial Court-Summons issued to the appellant-In appeal, High Court declined to interfere at this stage-Appellant filing objections and an application to drop the proceedings before Trial Court-Trial Court holding a prima facie case of cheating against the appellant-In appeal, High Court again declined to interfere giving liberty to the appellant to file objections on framing the charges-Held, since the Trial Court has held a prima facie case of cheating against the appellant, the High Court should exercise its jurisdiction to decide the petition on merits-Hence, remanded back to the High Court-Criminal Procedure Code 1973-Section 482.Respondent-company entered into a contract with a German company, through the appellant-company, for purchase of 1500 MT of polypropylene bastec, which is a raw material for manufacture of HDPE/ PP bags. The respondent opened an irrevocable letter of credit for the full quantity as per the terms and conditions of the contract. The German company shipped only 50 MT and failed to supply the remaining quantity stating unforeseen circumstances. The respondent filed a case of cheating under Section 420 IPC against the appellant before trial court and alleging a loss of $ 2,36,250 incurred on account of rise in prices during the interregnum. The trial court issued summons to the appellant. The appellant filed a petition before High Court under Section 482 CrPC against the summons of the trial court. The High Court declined to entertain the petition and gave liberty to the appellant to raise objections before the trial court and directed the trial court to consider the objections before passing a reasoned order. The appellant filed objections and an application before the trial court seeking to drop the proceedings. The trial court, by a reasoned order, rejected the application holding that there was a prima facie case of cheating under section 420 IPC against the appellant. The appellant again filed a petition before the High Court under Section 482 CrPC for dropping the proceedings. The High Court again declined to interfere with the proceedings giving liberty to the appellant to file objections at the time of framing of charges by the trial court. In appeal to this Court, the appellant contended that the High Court was wrong in declining to exercise its jurisdiction and hearing the petition on merits; and that the respondent failed to prove the case of cheating under section 415 IPC. The respondent contended that there was no case for interference by this Court since the High Court has given liberty to the appellant to raise objections at the time of framing of the charges by the trial court; and that no error was committed by the trial court in taking cognizance of the offence. |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2002 INSC 47 |
Petitioner | M/s Kunstocom Electronics (i) Pvt. Ltd. |
Respondent | Gilt Pack Ltd. And Anr. |
SCR | [2002] 1 S.C.R. 435 |
Judgement Date | 2002-01-24 |
Case Number | 114 |
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