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2017 (4) TMI 1400 - HC - Indian LawsWhether a civil liability can be converted into a criminal liability? - If it is done so, could it be construed as abuse of process of Court? Held that:- A civil liability cannot be converted into a criminal liability and that therefore, the charge sheet filed as against the petitioners can be quashed on the ground that the allegations made in the charge sheet, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the petitioners. The charge sheet also deserves to be quashed on the ground of abuse of process of Court, as the criminal proceedings initiated by the prosecuting agency is manifestly attended with malafide with an ulterior motive for wreaking vengeance on the petitioner. Petition allowed.
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