Breaking Legal Update: Supreme Court Closes Chapter on Historic Bofors Payoff Case
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Supreme Court of India 2018-12-11 dismissed

Vinod Natesan vs State of Kerala & Ors

Bench: 2 — M.R. Shah

In Brief

This appeal challenged the High Court's order quashing criminal proceedings for cheating and misappropriation under Sections 406 and 420 of the IPC. The complainant alleged that after entering into an agreement for intellectual services, the accused failed to make full payment and wrongfully terminated the contract. The Supreme Court upheld the High Court's decision to quash the proceedings, holding that the dispute was purely civil in nature—arising from breach of contract and non-payment of dues—and did not contain the essential ingredients of criminal offences. The Court emphasized that failure to pay contractual dues or withhold one month's notice payment does not constitute cheating or misappropriation, and continuing such proceedings would amount to abuse of process.

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Criminal Law Cheating and Fraud Criminal Misappropriation Contract Law Abuse of Process Quashing of Criminal Proceedings

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