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    <title>2023 (1) TMI 1355 - CALCUTTA HIGH COURT</title>
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    <description>At the summons stage, Section 205 CrPC permits a Magistrate to dispense with an accused&#039;s personal appearance and allow representation through counsel without requiring prior appearance; refusal solely on that ground was unsustainable, and the consequential warrants and coercive process also failed. In quashing scrutiny, the Court held that a commercial dispute arising from a distributor agreement did not disclose the essential ingredients of criminal breach of trust or cheating, as entrustment, dishonest misappropriation, and fraudulent inducement were absent. Applying settled inherent jurisdiction principles, the complaint was treated as an abuse of criminal process and the proceedings were quashed.</description>
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      <description>At the summons stage, Section 205 CrPC permits a Magistrate to dispense with an accused&#039;s personal appearance and allow representation through counsel without requiring prior appearance; refusal solely on that ground was unsustainable, and the consequential warrants and coercive process also failed. In quashing scrutiny, the Court held that a commercial dispute arising from a distributor agreement did not disclose the essential ingredients of criminal breach of trust or cheating, as entrustment, dishonest misappropriation, and fraudulent inducement were absent. Applying settled inherent jurisdiction principles, the complaint was treated as an abuse of criminal process and the proceedings were quashed.</description>
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