When Dispute Is Of Civil Nature, Giving Its Proceedings A Criminal Colour Is Abuse Of Process Of Law

When Dispute Is Of Civil Nature, Giving Its Proceedings A Criminal Colour Is Abuse Of Process Of Law

Ramesh Dahyalal Shah vs The State of Maharashtra & Ors

Bombay HC

06/12/2017

CRIMINAL APPLICATION NO 613 OF 2016

About/from the judgment:

It is nowhere alleged in the complaint, even for the sake of it, that since beginning the applicant Ramesh Shah had dishonest or fraudulent intention of cheating the respondent No.3. Conversely, both the parties are having their respective rival contentions for not fulfilling the terms of the Share Holding Agreement. Hence, it is apparent that the grievance is against subsequent non-fulfilment of terms and conditions of the Agreement and not of applicant Ramesh Shah having such intention of cheating since beginning.

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