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1 - 9 of 9 (0.35 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 415 in The Indian Penal Code, 1860 [Entire Act]
Section 155 in The Indian Penal Code, 1860 [Entire Act]
M/S Thermax Ltd.& Ors vs K.M.Johny & Ors on 27 September, 2011
In these
circumstances, learned senior counsel relied upon the decisions
reported in 1) Indian Oil Corporation Limited v. NEPC India
Limited (1 supra), 2) Thermax Limited and others v. K.M.
Johny and others (2supra) 3) Anil Mahajan v. Bhor Industries
Ltd., and another (3 supra). A careful reading of the above
decisions, it shows that there exists a written contract of
agreement between the parties after part performance of the
contract agreement, the disputes arose. Considering the same, the
Hon'ble Supreme Court held that it amounts to breach of contract
as there is no dishonest intention from the beginning of the
transaction and it does not give rise to initiation of criminal
proceedings for non-performance of the contract agreement.
Hence, the above three cases would not help to the case of the
petitioner. This court, having accepted the contentions of the
learned counsel for the 2nd respondent that the petitioner without
having stock worth of Rs.2.00 crores of maize corn with fraudulent
12 MGR, J
CRL.P.No.7562 of 2018
and dishonest intention, induced the 2nd respondent-complainant
to part with Rs.50.00 towards advance for supply of maize corn
would certainly attract the provisions of Section 415 and 420 IPC.
Section 156 in The Indian Penal Code, 1860 [Entire Act]
Indian Oil Corporation Ltd. vs Nepc India Ltd. on 25 October, 2002
In support of his
contention, he placed his reliance on the decision of the Apex
Court, in the case of Indian Oil Corporation Limited v. NEPC
India Limited1, wherein the Apex Court, after considering the
catena of its judgments, observed in paras 25 and 26, which reads
as under:
Section 5 in The Indian Penal Code, 1860 [Entire Act]
State Of West Bengal & Ors vs Swapan Kumar Guha & Ors on 2 February, 1982
In support of his
contention, he placed reliance on State of West Bengal and
others v. Swapan Kumar Guha and others (1982) 1 SCC 561,
wherein it is held that when the complaint disclosed an offence,
the court will normally not interfere with the investigation into the
offence and will generously allow the investigation into the offence
to be completed by collecting material for proving the offence.
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