Nitin Hiralal Khanna And Others vs The State Of Maharashtra And Another
Judges (2)
Counsel (3)
Case Significance
Nitin Hiralal Khanna And Others vs The State Of Maharashtra And Another is a Bombay High Court decision dated November 29, 2024 (citation: ik-61119218). Three accused applied under Section 482 CrPC to quash an FIR under Sections 420 and 406 read with Section 34 IPC alleging cheating and criminal breach of trust in a business deal at Aurangabad. The court found the essential ingredients of the offences were not made out and the dispute was purely civil in nature, with criminal prosecution being an impermissible shortcut to civil remedy. The FIR, charge-sheet, and pending proceedings were quashed. The bench comprised Justices R.W. Joshi and Vibha V. Kankanwadi. The judgment was delivered by Justice R.W. Joshi. Counsel appearing: Poonam V. Bodke Patil (counsel for respondent), S.V. Dixit (counsel for applicant), V. K. Kotecha (counsel for respondent).
Summary
Three accused applied under Section 482 CrPC to quash an FIR under Sections 420 and 406 read with Section 34 IPC alleging cheating and criminal breach of trust in a business deal at Aurangabad. The court found the essential ingredients of the offences were not made out and the dispute was purely civil in nature, with criminal prosecution being an impermissible shortcut to civil remedy. The FIR, charge-sheet, and pending proceedings were quashed.
What was the outcome of Nitin Hiralal Khanna And Others vs The State Of Maharashtra And Another?
Three accused applied under Section 482 CrPC to quash an FIR under Sections 420 and 406 read with Section 34 IPC alleging cheating and criminal breach of trust in a business deal at Aurangabad. The co...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-61119218)