https://www.taxtmi.com/caselaws?id=156802 Civil remedies for a contractual dispute do not, by themselves, bar criminal prosecution if the complaint, taken at face value, discloses the ingredients of a Penal Code offence. On the pleaded facts, theft and dishonest misappropriation were not made out because the property was already in the accused's possession, and criminal breach of trust failed because hypothecation created only a security interest, not entrustment. The complaints did disclose cheating, as they alleged dishonest inducement and a false promise to clear dues, and they also disclosed mischief because the removal of engines allegedly diminished the value and utility of the aircraft. The quashing order was therefore unsustainable insofar as those counts were concerned. en-us Thu, 20 Jul 2006 00:00:00 +0530 Fri, 11 Dec 2015 15:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156802 Civil remedies for a contractual dispute do not, by themselves, bar criminal prosecution if the complaint, taken at face value, discloses the ingredients of a Penal Code offence. On the pleaded facts, theft and dishonest misappropriation were not made out because the property was already in the accused's possession, and criminal breach of trust failed because hypothecation created only a security interest, not entrustment. The complaints did disclose cheating, as they alleged dishonest inducement and a false promise to clear dues, and they also disclosed mischief because the removal of engines allegedly diminished the value and utility of the aircraft. The quashing order was therefore unsustainable insofar as those counts were concerned. Case-Laws Indian Laws Thu, 20 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156802