The High Court of Judicature at Bombay dismissed an application under Section 482 CrPC. The court held that the complaint allegations clearly discloses the commission of a cognizable offence of cheating, thereby precluding quashing.
The criminal application seeking quashing of the complaint was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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APL/430/2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.430 OF 2014
Shri Vijaykumar Sidram Bansode & Ors V/s Abhinav Ashok Teli & Anr.
….Applicants.
...Respondents
Mr. Chetan Patil for the Applicants. Mr. K.V. Saste, APP for the State.
CORAM: V. M. KANADE &
P.D. KODE JJ.
DATE: 22nd August, 2014
P.C.:-
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APL/430/2014
cheating is not made out. It is submitted that, at the highest, it could be said that this is a case of non-payment of salary or delayed payment of salary. Secondly, it is submitted that the complaint has been filed against the Company and the applicants are the office bearers of the said Company and, therefore, they cannot be foisted with vicarious liability.
(P.D. KODE, J. ) (V.M. KANADE, J.)
BDPPS
1 issue framed by the court
Whether the criminal complaint alleging cheating under Section 420 IPC should be quashed under Section 482 CrPC in favor of the applicants.
3 provisions across 2 enactments
Vijaykumar Sidram Bansode & Ors.
Abhinav Ashok Teli & Anr.
V. M. Kanade
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
