https://www.taxtmi.com/caselaws?id=294911 Allegations arising from a supply contract did not disclose fraudulent or dishonest intention at the inception of the transaction, so the ingredients of cheating and criminal conspiracy were not made out and the prosecution could not be sustained. The dispute remained contractual in nature, the project had been commissioned and operated, and the later replacement of defective parts reinforced the absence of a prima facie criminal offence. Proceedings against the Managing Director and Director were also unsustainable because the company was not arraigned as an accused and the complaint lacked specific averments of vicarious liability. The SC therefore quashed the criminal proceedings against the appellants. en-us Fri, 31 Jan 2020 00:00:00 +0530 Thu, 14 Nov 2024 14:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294911 Allegations arising from a supply contract did not disclose fraudulent or dishonest intention at the inception of the transaction, so the ingredients of cheating and criminal conspiracy were not made out and the prosecution could not be sustained. The dispute remained contractual in nature, the project had been commissioned and operated, and the later replacement of defective parts reinforced the absence of a prima facie criminal offence. Proceedings against the Managing Director and Director were also unsustainable because the company was not arraigned as an accused and the complaint lacked specific averments of vicarious liability. The SC therefore quashed the criminal proceedings against the appellants. Case-Laws Companies Law Fri, 31 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294911