<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (11) TMI 1846 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=295075</link>
    <description>Section 482 CrPC can be invoked to quash criminal proceedings even after filing of the charge sheet, because the inherent power remains available to prevent abuse of process and secure the ends of justice. The Court also held that allegations arising from retention of an interest-free deposit under a development agreement did not disclose criminal breach of trust under Sections 405 and 406 IPC, as entrustment and dishonest misappropriation were not prima facie shown. The dispute was essentially contractual and civil in nature, so criminal process could not be used to pressure a commercial party. The FIR and charge sheet were quashed as unsustainable.</description>
    <language>en-us</language>
    <pubDate>Thu, 15 Nov 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 14 Dec 2022 11:03:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=644471" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (11) TMI 1846 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=295075</link>
      <description>Section 482 CrPC can be invoked to quash criminal proceedings even after filing of the charge sheet, because the inherent power remains available to prevent abuse of process and secure the ends of justice. The Court also held that allegations arising from retention of an interest-free deposit under a development agreement did not disclose criminal breach of trust under Sections 405 and 406 IPC, as entrustment and dishonest misappropriation were not prima facie shown. The dispute was essentially contractual and civil in nature, so criminal process could not be used to pressure a commercial party. The FIR and charge sheet were quashed as unsustainable.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 15 Nov 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=295075</guid>
    </item>
  </channel>
</rss>