https://www.taxtmi.com/caselaws?id=757496 A dispute arising from sale and supply of goods was treated as a civil claim for recovery of money because the complaint showed only non-payment of price after delivery, not entrustment, dishonest misappropriation, or deception at the inception of the transaction. The Court held that mere failure to pay for movable goods does not establish criminal breach of trust, and the ingredients of cheating were also absent. It further held that the summoning order was mechanical, reflecting no judicial application of mind to whether the alleged offences were made out, and that continuation of the prosecution was an abuse of process. The criminal proceedings were quashed. en-us Fri, 23 Aug 2024 00:00:00 +0530 Tue, 27 Aug 2024 10:21:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757496 A dispute arising from sale and supply of goods was treated as a civil claim for recovery of money because the complaint showed only non-payment of price after delivery, not entrustment, dishonest misappropriation, or deception at the inception of the transaction. The Court held that mere failure to pay for movable goods does not establish criminal breach of trust, and the ingredients of cheating were also absent. It further held that the summoning order was mechanical, reflecting no judicial application of mind to whether the alleged offences were made out, and that continuation of the prosecution was an abuse of process. The criminal proceedings were quashed. Case-Laws Indian Laws Fri, 23 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757496