https://www.taxtmi.com/caselaws?id=392231 A complaint alleging dishonest invocation of pledged shares, realisation of proceeds beyond the outstanding liability, and retention of the excess was treated as disclosing prima facie ingredients of cheating and criminal breach of trust; at the Section 482 stage, disputed civil-defence claims were not ative, so quashing was refused on that ground. The absence of the mandatory inquiry under Section 202(1) before issuing process against accused persons residing outside the Magistrate's jurisdiction was treated as a procedural defect affecting the process order, but not as a basis to terminate the prosecution; the proper course was remand for fresh consideration after compliance with the pre-summoning requirement. en-us Tue, 11 Feb 2020 00:00:00 +0530 Mon, 17 Feb 2020 09:04:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=392231 A complaint alleging dishonest invocation of pledged shares, realisation of proceeds beyond the outstanding liability, and retention of the excess was treated as disclosing prima facie ingredients of cheating and criminal breach of trust; at the Section 482 stage, disputed civil-defence claims were not ative, so quashing was refused on that ground. The absence of the mandatory inquiry under Section 202(1) before issuing process against accused persons residing outside the Magistrate's jurisdiction was treated as a procedural defect affecting the process order, but not as a basis to terminate the prosecution; the proper course was remand for fresh consideration after compliance with the pre-summoning requirement. Case-Laws Indian Laws Tue, 11 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=392231