M/s. Medchl Chemicals & Pharma Pvt. Ltd. Vs. M/s. Biological E. Ltd. & Ors.
EmailAppeal: Criminal Appeal No. 233 of 2000
(Arising out of SLP (Crl.) No. 1971 of 1999)
(From the Judgment and Order dated 15.2.99 of the Andhra Pradesh High Court in Crl. P. No. 5386 of 1998)
(Arising out of SLP (Crl.) No. 1971 of 1999)
(From the Judgment and Order dated 15.2.99 of the Andhra Pradesh High Court in Crl. P. No. 5386 of 1998)
Petitioner: M/s. Medchl Chemicals & Pharma Pvt. Ltd.
Respondent: M/s. Biological E. Ltd. & Ors.
Apeal: Criminal Appeal No. 233 of 2000
(Arising out of SLP (Crl.) No. 1971 of 1999)
(From the Judgment and Order dated 15.2.99 of the Andhra Pradesh High Court in Crl. P. No. 5386 of 1998)
(Arising out of SLP (Crl.) No. 1971 of 1999)
(From the Judgment and Order dated 15.2.99 of the Andhra Pradesh High Court in Crl. P. No. 5386 of 1998)
Judges: G.B. PATTANAIK & UMESH C. BANERJEE, JJ.
Date of Judgment: Feb 25, 2000
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860
Sections 415, 418, 420 read with Section 34 – Private complaint – Agreement between parties for supply of raw material for manufac-turing drug – Specific term to maintain supply and not to cause interruption with manufacturing activity – Supplies failure causing monetory loss of about one crore – Specific assurance and representation turning out to be false – Allegations also specif-ic that accused knew that if supplies are not affected as per terms, there was likelihood of wrongful loss to complainant. Held that prima facie ingredients of offences were not totally absent. Quashing by High Court set-aside.
Indian Penal Code, 1860
Sections 415, 418, 420 read with Section 34 – Private complaint – Agreement between parties for supply of raw material for manufac-turing drug – Specific term to maintain supply and not to cause interruption with manufacturing activity – Supplies failure causing monetory loss of about one crore – Specific assurance and representation turning out to be false – Allegations also specif-ic that accused knew that if supplies are not affected as per terms, there was likelihood of wrongful loss to complainant. Held that prima facie ingredients of offences were not totally absent. Quashing by High Court set-aside.
Held:
In order to attract the provisions of Sections 418 and 420 the guilty intent, at the time of making the promise is a re-quirement and an essential ingredient thereto and subsequent failure to fulfil the promise by itself would not attract the provisions of Section 418 or 420. Mens rea is one of the essen-tial ingredients of the offence of cheating under Section 420. The ingredients of the offences under Sections 415, 418 and 420 cannot be said to be totally absent on the basis of the allega-tions in the complaint. The issue involved in the matter under consideration is not a case in which the criminal trial should have been short circuited. (Paras 12, 18, 20)
JUDGEMENT:
