Supreme Court of India
Mitesh Kumar J. Sha v. The State of Karnataka & Ors.
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What the Court ordered
In view of the above facts and discussions, the impugned order dated 13.08.2019 passed by the High Court of Karnataka is set aside.
Judgment, page 20
From the headnote
Code of Criminal Procedure, 1973: s.482 – Complaint by respondent no.2 against appellant alleging that the appellant-builder company had sold four excess flats beyond its share, in terms of the agreements entered into between them – Appellant filed s.482 application before High Court which was dismissed – Hence instant appeal – Held: The facts did not show that appellants deceptively or intentionally tried to sell excess flats as contended by respondent No. 2 – Although, there is no doubt that a singular factual premise can give rise to a dispute which is both, of a civil as well as criminal…
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