https://www.taxtmi.com/caselaws?id=765507 A criminal prosecution for cheating, forgery and criminal conspiracy was quashed because the complaint, viewed against the commercial relationship between the parties, did not prima facie disclose the essential ingredients of the offences. The dispute was essentially commercial, payments had been made by cheque, TDS issues were part of the transaction, and an arbitral award had already been passed in favour of the company. The complaint was filed long after the award and did not disclose the arbitration proceedings or award. The Court also noted that criminal liability against a company requires legally sustainable allegations and, where vicarious liability is alleged, a proper statutory and factual foundation. en-us Tue, 28 Jan 2025 00:00:00 +0530 Sat, 01 Feb 2025 08:41:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765507 A criminal prosecution for cheating, forgery and criminal conspiracy was quashed because the complaint, viewed against the commercial relationship between the parties, did not prima facie disclose the essential ingredients of the offences. The dispute was essentially commercial, payments had been made by cheque, TDS issues were part of the transaction, and an arbitral award had already been passed in favour of the company. The complaint was filed long after the award and did not disclose the arbitration proceedings or award. The Court also noted that criminal liability against a company requires legally sustainable allegations and, where vicarious liability is alleged, a proper statutory and factual foundation. Case-Laws Income Tax Tue, 28 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765507