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    <title>1998 (8) TMI 613 - Supreme Court</title>
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    <description>A complaint alleging forged transfer of shares did not, on the face of the complaint and sworn statements, disclose the essential ingredients of the alleged Penal Code offences against the company officials. The material before the Magistrate contained only a vague, bald assertion and no specific facts showing the appellants&#039; involvement in the alleged forgery. The existence of a Consumer Forum claim did not by itself convert the matter into a purely civil dispute, but the decisive test was whether the allegations, taken at face value, made out any offence. As they did not, continuation of the prosecution would amount to abuse of process, and inherent jurisdiction could be exercised at the cognizance stage to quash the proceedings.</description>
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    <pubDate>Thu, 13 Aug 1998 00:00:00 +0530</pubDate>
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      <title>1998 (8) TMI 613 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=181218</link>
      <description>A complaint alleging forged transfer of shares did not, on the face of the complaint and sworn statements, disclose the essential ingredients of the alleged Penal Code offences against the company officials. The material before the Magistrate contained only a vague, bald assertion and no specific facts showing the appellants&#039; involvement in the alleged forgery. The existence of a Consumer Forum claim did not by itself convert the matter into a purely civil dispute, but the decisive test was whether the allegations, taken at face value, made out any offence. As they did not, continuation of the prosecution would amount to abuse of process, and inherent jurisdiction could be exercised at the cognizance stage to quash the proceedings.</description>
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      <pubDate>Thu, 13 Aug 1998 00:00:00 +0530</pubDate>
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