https://www.taxtmi.com/caselaws?id=310001 A statutory remedy under the Companies Act, 2013 does not bar criminal prosecution where the allegations disclose distinct IPC offences such as criminal breach of trust, cheating, forgery, conspiracy and misappropriation. Section 430 excludes civil court jurisdiction in matters assignable to the Tribunal, but it does not oust prosecution for penal offences; double jeopardy applies only to the same offence, not to different offences arising from the same facts. The settled test for quashing under Section 482 CrPC permits interference only in exceptional cases, and prima facie cognizable offences were disclosed on the material collected. The charge sheets, cognizance orders and summoning orders were therefore not liable to be quashed. en-us Mon, 08 May 2023 00:00:00 +0530 Fri, 29 Sep 2023 20:42:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310001 A statutory remedy under the Companies Act, 2013 does not bar criminal prosecution where the allegations disclose distinct IPC offences such as criminal breach of trust, cheating, forgery, conspiracy and misappropriation. Section 430 excludes civil court jurisdiction in matters assignable to the Tribunal, but it does not oust prosecution for penal offences; double jeopardy applies only to the same offence, not to different offences arising from the same facts. The settled test for quashing under Section 482 CrPC permits interference only in exceptional cases, and prima facie cognizable offences were disclosed on the material collected. The charge sheets, cognizance orders and summoning orders were therefore not liable to be quashed. Case-Laws Companies Law Mon, 08 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310001