https://www.taxtmi.com/caselaws?id=308586 A civil dispute does not bar criminal prosecution where the FIR, protest petition and case diary prima facie disclose cheating or criminal breach of trust. The allegations showed the respondent's participation in the transaction, receipt of money with her husband, execution and use of a power of attorney, and transfer of the property, supporting an inference of collusion and dishonest intent from the stage of negotiation. The High Court, while exercising jurisdiction under Articles 226 and 227, was required to act with restraint and should not have quashed proceedings at the cognizance stage. The SC restored the order of cognizance and summons and directed the Magistrate to proceed in accordance with law. en-us Thu, 10 Jan 2013 00:00:00 +0530 Thu, 06 Jul 2023 09:50:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308586 A civil dispute does not bar criminal prosecution where the FIR, protest petition and case diary prima facie disclose cheating or criminal breach of trust. The allegations showed the respondent's participation in the transaction, receipt of money with her husband, execution and use of a power of attorney, and transfer of the property, supporting an inference of collusion and dishonest intent from the stage of negotiation. The High Court, while exercising jurisdiction under Articles 226 and 227, was required to act with restraint and should not have quashed proceedings at the cognizance stage. The SC restored the order of cognizance and summons and directed the Magistrate to proceed in accordance with law. Case-Laws Indian Laws Thu, 10 Jan 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308586