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2018 (9) TMI 297 - HC - VAT and Sales TaxRelease of seized article - Held that - Issue notice to opposite party no.2 returnable within three weeks. Steps be taken within a week. Learned Additional Government Advocate may also file objections within three weeks - List in the fourth week of July, 2018.
Issues involved:
Challenge to criminal proceedings under Sections 406 and 420 IPC arising from a bounced cheque in a business dispute. Analysis: The petitioner challenged criminal proceedings in Criminal Case No.15672 of 2017 arising from Case Crime No.872 of 2015 under Sections 406 and 420 IPC. The petitioner was accused of conducting illegal tent business and bouncing a cheque for ?3,50,000. The seized articles were not released despite attempts to provide security. A notice was issued to show cause, followed by a seizure order requiring a security deposit. Various legal challenges ensued, with conflicting orders from different authorities. The petitioner argued that no legal liability existed to support charges of cheating under Sections 406 and 420 IPC. The court permitted the petitioner to delete the names of certain opposite parties. The proceedings in the criminal case were stayed pending further court action. Notice was issued to one of the opposite parties for response within three weeks. The court scheduled the next hearing for July 2018. The petitioner's counsel contended that the charges under Sections 406 and 420 IPC were not justified based on the circumstances of the case. The legal battle involved multiple challenges and orders from different authorities, leading to the eventual release of the seized articles. This judgment highlights the complex legal proceedings arising from a business dispute involving allegations of illegal activities and financial irregularities. The petitioner's defense focused on disputing the legal basis for the criminal charges under Sections 406 and 420 IPC. The court's intervention resulted in a temporary stay on the criminal proceedings, allowing for further examination of the case. The detailed timeline of events and legal challenges underscore the intricacies of navigating such disputes within the judicial system.
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