https://www.taxtmi.com/caselaws?id=272220 A prosecution for cheating cannot proceed where the pleaded facts show only failure to meet contractual expectations and no dishonest intention at the inception of the transaction. In a technology transfer agreement involving experimental development, testing, rectification and possible liquidated damages, the materials showed that the complainant knew the technology position, evaluated samples and participated in the collaboration. The dispute was therefore contractual in nature, reinforced by the arbitration clause and the parties' resort to arbitration. The Supreme Court held that the essential ingredients of cheating were not disclosed and quashed the criminal proceedings as an abuse of process. en-us Tue, 22 Sep 2015 00:00:00 +0530 Tue, 01 Mar 2016 16:21:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272220 A prosecution for cheating cannot proceed where the pleaded facts show only failure to meet contractual expectations and no dishonest intention at the inception of the transaction. In a technology transfer agreement involving experimental development, testing, rectification and possible liquidated damages, the materials showed that the complainant knew the technology position, evaluated samples and participated in the collaboration. The dispute was therefore contractual in nature, reinforced by the arbitration clause and the parties' resort to arbitration. The Supreme Court held that the essential ingredients of cheating were not disclosed and quashed the criminal proceedings as an abuse of process. Case-Laws Indian Laws Tue, 22 Sep 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272220