RAVINDRA KUMAR MADHANLAL GOENKA & ANR. versus M/S. RUGMINI RAM RAGHAV SPINNERS P. LTD.

RAVINDRA KUMAR MADHANLAL GOENKA & ANR. versus M/S. RUGMINI RAM RAGHAV SPINNERS P. LTD.

On facts, there is no denial that 100 bales are yet to be dispatched; the defence can only be considered at trial; since prima facie materials are available, criminal proceedings are not liable to be quashed under section 482 CrPC; investigation should not be pre-empted unless it is an extreme case, which this is not.

Parties
Appellant: Ravindra Kumar Madhanlal Goenka; Respondent: Rugmini Ram Raghav Spinners P. Ltd.; Appellant: Srimathi Ravindra Kumar Madhanlal Goenka
Jurisdiction
India
Judgment Date
13 April 2009
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Petition Under S. 482 Cr PC by High Court
Outcome
Appeal dismissed
Legal Topics
Quashing of Proceedings, Section 482 Cr PC, Cheating, Criminal Breach of Trust, Extortion
Criminal Law Procedure Quashing of Proceedings Section 482 Cr PC Cheating Criminal Breach of Trust Extortion

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Parties

Ravindra Kumar Madhanlal Goenka

Appellant

Rugmini Ram Raghav Spinners P. Ltd.

Respondent

Srimathi Ravindra Kumar Madhanlal Goenka

Appellant

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Petition Under S. 482 Cr PC by High Court

Legal Issues

  1. 1 Whether criminal proceedings under ss. 406, 420, 384, 120-B IPC should be quashed under s. 482 CrPC when alleged facts may amount to only a civil dispute

Ratio Decidendi

On facts, there is no denial that 100 bales are yet to be dispatched; the defence can only be considered at trial; since prima facie materials are available, criminal proceedings are not liable to be quashed under section 482 CrPC; investigation should not be pre-empted unless it is an extreme case, which this is not.

Court Disposition

Appeal dismissed

Orders

  • Criminal proceedings not quashed; investigation and trial to proceed as per law.