Supreme Court · 2021 INSC 675 · Decided 26 October 2021

Mitesh Kumar J. Sha v. The State of Karnataka & ORS.

Court
Supreme Court of India
Citation
2021 INSC 675 · [2021] 8 S.C.R. 875
Case number
CRIMINAL APPEAL No. 1285/2021
Decided
26 October 2021
Bench
S. ABDUL NAZEER, KRISHNA MURARI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 405, 419, 420, 415; CrPC Section 482

Headnote

Code of Criminal Procedure, 1973: s.482 - Complaint by respondent no.2 against appellant alleging that the appellant-builder company had sold four excess flats beyond its share, in terms of the agreements entered into between them - Appellant filed s.482 application before High - Hence instant appeal - Held: The facts did not show that appellants deceptively or intentionally tried to sell excess flats as contended by respondent No. 2 - Although, there is no doubt that a singular factual premise can give rise to a dispute which is both, of a civil

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