Supreme Court · 2011 INSC 716 · Decided 27 September 2011
M/S Thermax LTD. & ORS. v. K.M. Johny & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 716 · [2011] 14 S.C.R. 154
- Case number
- CRIMINAL APPEAL No. 1868/2011
- Decided
- 27 September 2011
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Case type
- Criminal
- Acts & sections cited
- IPC Section 405, 406, 420, 34; CrPC Section 156(3), 91, 482
Headnote
Code of Criminal Procedure, 19,73: s.156(3) - Investigation in cognizable offence - Complaint before crime C branch u/ss.405, 406, 420 rlw s.34, /PC alleging non-payment of dues by appellant-company - Cognizance of offence not taken by crime branch - Application u/s. 156(3) - Magistrate - Criminal proceedings initiated - High Court refused to interfere - On appeal, held: D Three complaints containing similar a/legations were investigated previously and all were closed as the alleged claim was found to be of civil nature - In those circumstances, it did not lie for
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