Fraudulent transfer allegations require civil determination first before criminal prosecution can proceed on challenged conveyances.

Criminal prosecution alleging fraudulent conveyances to defeat excise recovery could not proceed on bare allegations where the validity of the registered transfers had not first been determined in civil proceedings. Because the dispute turned on whether the conveyances were fraudulent and void, the criminal court could not assume invalidity or treat the transfers as void ab initio without a prior civil finding. On that basis, the criminal proceedings were held not maintainable and were quashed.

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Issues: Whether criminal proceedings alleging fraudulent transfer of properties to defeat excise recovery could continue in the absence of prior findings by a civil court establishing fraud and invalidity of the transfers.

Analysis: The complaint rested on the premise that registered conveyances executed by the petitioners were fraudulent and intended to defeat attachment proceedings for recovery of excise dues. The petition challenged the maintainability of criminal prosecution on the ground that the alleged fraud in civil conveyances could not be presumed in criminal proceedings without adjudication by a civil court. Since the dispute concerned the validity and effect of civil transactions, the criminal court could not proceed on an assumption that the transfers were void ab initio without a prior civil determination.

Conclusion: The criminal proceedings were not maintainable on the existing allegations and were quashed.

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