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2004 (10) TMI 621

Crl. A. No. 1164 of 2004 - Dated:- 6-10-2004 - Y.K. Sabharwal, D.M. Dharmadhikari And Tarun Chatterjee, JJ. JUDGMENT 1. Leave granted. 2. The Appellant is the accused in a complaint filed against him by the Respondent Company for offence Under Section 415, 418 and 420 Indian Penal Code. As per the allegations made in the complaint dated 8-6-2001, filed in the Court of Judicial Magistrate, First Class, Bhor, the Appellant was an authorized distributor of the Responde .....

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ype of colour assortment and sales tax problems, etc., besides raising disputes in respect of the material purchased six years back being defective. After making the aforesaid averments in the complaint, it is concluded that the MOU was signed with mala fide and criminal intention of grabbing money and goods from the complainant's Company. The averments made in that regard are as under: From the above it is very clear that MOU was signed by the accused with mala fide and criminal intention o .....

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e interest at the rate of 10% on above amount for loss of interest. If you failed to act upon as per notice, my client will take necessary action against you and you will be held responsible for all expenditure of it. Legal charges of this notice are kept on you. In the aforesaid notice, there is no whisper about any deceit or cheating. On 3-5-2001, a complaint was filed by the complainant with Bhor Police Station where except a vague allegation about cheating, nothing of substance was stated. I .....

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ed has promised to pay the amount but has not paid with the intent to deceive the complainant and, therefore, the complainant has made out a case to issue process against the accused Under Section 415, 418 and 420 Indian Penal Code. 6. The order of the Magistrate was challenged before the Court of Session. The learned Additional Sessions Judge, Pune, by order dated 19-10-2001 has set aside the order of the Magistrate issuing process. It has been stated by the learned Additional Sessions Judge in .....

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honest intention is shown at the beginning of the transaction. 7. The order of the learned Additional Sessions Judge has been set aside by the High Court by the impugned judgment. The High Court, except noticing that the ratio of the judgment of this Court cannot be applied to all cases in a uniform way, has neither discussed the said judgment nor stated as to how it was wrongly applied by the learned Additional Sessions Judge. There is hardly any discussion in the impugned judgment for reversin .....

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plainant's own case is that over rupees three crores was paid and for balance, the accused was giving reasons as above noticed. The additional reason for not going into these aspects is that a civil suit is pending inter se the parties for the amounts in question. 9. In Alpic Finance Ltd. v. P. Sadasivan 2001 (3) SCC 513 : 2001 SCC (Cri.) 565) this Court was considering a case where the complainant had alleged that the accused was not regular in making payment and committed default in paymen .....

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ody suffers injury to his person, property or reputation, he may have remedies both under civil and criminal law. The injury alleged may form the basis of civil claim and may also constitute the ingredients of some crime punishable under criminal law. When there is dispute between the parties arising out of a transaction involving passing of valuable properties between them, the aggrieved person may have a right to sue for damages or compensation and at the same time, law permits the victim to p .....

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f the Respondents and thereby the Respondents parted with the property. It is trite law and common sense that an honest man entering into a contract is deemed to represent that he has the present intention of carrying it out but if, having accepted the pecuniary advantage involved in the transaction, he fails to pay his debt, he does not necessarily evade the debt by deception. 11. Moreover, the Appellant has no case that the Respondents obtained the article by any fraudulent inducement or by wi .....

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