M/S KUNSTOCOM ELECTRONICS (I) PVT. LTD. versus GILT PACK LTD. AND ANR.

M/S KUNSTOCOM ELECTRONICS (I) PVT. LTD. versus GILT PACK LTD. AND ANR.

The High Court was not justified in declining to decide the petition under Section 482 CrPC on merits, especially when the trial court had already taken a definite view. Objections to cognizability and maintainability need not be postponed until charge-framing. The impugned order of the High Court is set aside; matter remitted to the High Court for adjudication on merits.

Parties
Appellant: Kunstocom Electronics (I) Pvt. Ltd.; Respondent: Gilt Pack Ltd.; Third Party: German Company (M/s. Kunstoplast Chemic GMBH)
Jurisdiction
India
Judgment Date
24 January 2002
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Cheating Under Section 420 IPC, Quashing of Proceedings Under Section 482 Cr PC, Jurisdiction of High Court in Criminal Matters
Criminal Law Cheating Under Section 420 IPC Quashing of Proceedings Under Section 482 Cr PC Jurisdiction of High Court in Criminal Matters

Case Brief

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Parties

Kunstocom Electronics (I) Pvt. Ltd.

Appellant

Gilt Pack Ltd.

Respondent

German Company (M/s. Kunstoplast Chemic GMBH)

Third Party

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether High Court was justified in declining to adjudicate the petition under Section 482 CrPC on merits regarding the offence under Section 420 IPC
  2. 2 Whether objections to cognizability and maintainability can be raised only at the time of framing of charges

Ratio Decidendi

The High Court was not justified in declining to decide the petition under Section 482 CrPC on merits, especially when the trial court had already taken a definite view. Objections to cognizability and maintainability need not be postponed until charge-framing. The impugned order of the High Court is set aside; matter remitted to the High Court for adjudication on merits.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court set aside
  • Matter remitted to High Court for fresh disposal of petition on merits expeditiously