https://www.taxtmi.com/caselaws?id=126963 Criminal proceedings arising from a hire purchase transaction were not quashed at the threshold because the complaint alleged deception, suppression of a subsisting charge, and issue of a false no-lien certificate. The court held that, for cheating, the decisive question is whether dishonest or fraudulent intention existed from the inception of the transaction, and that this could not be conclusively resolved on the available materials. It also held that deemed notice under sections 125 and 126 of the Companies Act, 1956 did not answer the allegations at the quashing stage. The dispute therefore required evidence and trial. en-us Fri, 04 Mar 2011 00:00:00 +0530 Tue, 16 Sep 2014 09:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126963 Criminal proceedings arising from a hire purchase transaction were not quashed at the threshold because the complaint alleged deception, suppression of a subsisting charge, and issue of a false no-lien certificate. The court held that, for cheating, the decisive question is whether dishonest or fraudulent intention existed from the inception of the transaction, and that this could not be conclusively resolved on the available materials. It also held that deemed notice under sections 125 and 126 of the Companies Act, 1956 did not answer the allegations at the quashing stage. The dispute therefore required evidence and trial. Case-Laws Companies Law Fri, 04 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126963