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1 - 10 of 15 (0.34 seconds)Section 245 in The Code of Criminal Procedure, 1973 [Entire Act]
M/S. Bsi Ltd. & Anr vs Gift Holdings Pvt. Ltd. & Anr on 15 February, 2000
In BSI Limited v. Gift Holdings
Private Limited (2000 S.C.C. (Criminal) 538), the Supreme Court held that the
ban under Section 22(1) against maintainability of "suit" for recovery of
money would not cover prosecution proceedings for the offence under Section
138 of the Negotiable Instruments Act.
Kusum Ingots And Alloys Ltd vs Pennar Peterson Securities Ltd. And Ors on 23 February, 2000
Therefore, the fact that this company
is now under B.I. F.R. does not prohibit prosecution being launched against
it. Another case in Kusum Ingots & Alloys Limited v. Pennar Peterson
Securities Limited (2000 Supreme Court Cases (Criminal) 546) is also to that
effect.
State Of Kerala vs A. Pareed Pillai And Anr. on 28 April, 1972
In support of his contention, he relied upon the decision in State of Kerala
v. A.P. Pillai (A.I.R. 1973, Supreme Court 326), wherein it was held that,
"To hold a person guilty of the offences of cheating, it has to be
shown that his intention was dishonest at the time of making the promise.
Such a dishonest intention cannot be inferred from the mere fact that he could
not subsequently fulfil the promise."
Hridaya Rangan Pd. Verma And Ors vs State Of Bihar And Anr on 31 March, 2000
Therefore, the counsel submitted that the mere fact that M/s. Sree
Royalaseema Paper Mills could not fulfil the promise by itself does not amount
to an offence of cheating, punishable under Section 420 I.P. C. Further, the
learned counsel relies upon a decision in Hridaya Ranjan Pd. Verma & Others
v. State of Bihar & Another (2000 (2) Crimes 72 (SC), where the Supreme Court
has held,
" Mere breach of contract cannot give rise to criminal prosecution for
cheating unless fraudulent or dishonest intention is shown right at the
beginning of the transaction,.....it is necessary to show that he had
fraudulent or dishonest intention at the time of making the promise. "