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february 2008

Supreme Court of India · 2008-02-15

S.K. Alagh vs State Of U.P. & Ors

Citation / case number
AIR 2008 SUPREME COURT 1731
Court
Supreme Court of India
Petitioner
S.K. Alagh
Respondent
State Of U.P. & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court held that the complaint under Section 406 IPC against the appellant was not maintainable as the dealership had been terminated prior to the demand for goods, and the complainant had accepted the demand drafts after the termination. The Court emphasized that a prima facie case for criminal breach of trust was not established, and thus the discharge of the accused under Section 245(2) of the Code of Criminal Procedure was upheld. The judgment clarified that civil disputes do not automatically translate into criminal liability.

S.K. Alagh vs State Of U.P. & Ors · Niyam