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    <title>2005 (2) TMI 870 - Supreme Court</title>
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    <description>Allegations arising from an agreement to sell were held not to disclose a prima facie case of cheating where the dispute was essentially civil, the complaint was filed after substantial delay, and the necessary dishonest or fraudulent intention at inception was not shown. The Court found that the Magistrate failed to apply judicial mind to the police report and that the High Court affirmed the order mechanically. On those facts, issuance of process and continuation of the criminal proceedings were unsustainable and were set aside.</description>
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      <description>Allegations arising from an agreement to sell were held not to disclose a prima facie case of cheating where the dispute was essentially civil, the complaint was filed after substantial delay, and the necessary dishonest or fraudulent intention at inception was not shown. The Court found that the Magistrate failed to apply judicial mind to the police report and that the High Court affirmed the order mechanically. On those facts, issuance of process and continuation of the criminal proceedings were unsustainable and were set aside.</description>
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