Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (12) TMI 2016

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Goyal, Advs. For the Respondents : Vishwa Pal Singh, Vijay Kumar, Monika Gusain and Manpreet K. Bhallu, Advs. JUDGMENT Dr. D.Y. Chandrachud, J. 1. Leave granted. 2. This appeal arises from a judgment and order dated 11.2.2016 passed by the High Court of Punjab and Haryana. By the impugned judgment, the High Court has quashed the proceedings arising out of F.I.R. No. 210 dated 21.6.2014 regis .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 30.1.2014 filed an application before the Superintendent of Police, District Kurukshetra for registration of a complaint and for taking action against Respondent No. 2 and her husband Gurcharan Singh. 5. The case was referred to the Economic Crime Cell, Kurukshetra. On enquiry, the Economic Crime Cell submitted its report dated 4.3.2014 concluding that the dispute was of a civil nature. 6. The .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nd 420 of the Penal Code. 9. Charges have been framed on 11.12.2014. The trial commenced and five prosecution witnesses were examined. 10. The High Court by its impugned order dated 11.2.2016, quashed the proceedings arising out of the F.I.R. on the ground that on a plain reading of the FIR, the complainant had failed to make out any criminal intent on the part of the Accused. 11. Assailing the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rt was persuaded to quash the criminal proceedings purely on the basis that the F.I.R. indicated that the vendor had refused to execute the sale deed. On this basis, the High Court held that there is no element of cheating and on reading of the F.I.R., the complainant had failed to make out any criminal intent on the part of the Accused. 14. In arriving at this conclusion, the High Court, as woul .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates