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Karnataka HC Quashes Cheating Case Against Scania Vehicles, Calls It Travel Agency's Arm Twisting Tactic To Settle Its Dues
Mustafa Plumber
24 Nov 2022 6:15 PM IST
The Karnataka High Court earlier this month quashed a criminal case filed against commercial vehicles manufacturer Scania India, its Directors and Managers, alleging criminal breach of trust and cheating in sale of around 70 buses.The complaint was lodged by the proprietor of SRS Travels, a Bengaluru based travel agency. He claimed that the company sold him defective buses and he was...
The Karnataka High Court earlier this month quashed a criminal case filed against commercial vehicles manufacturer Scania India, its Directors and Managers, alleging criminal breach of trust and cheating in sale of around 70 buses.
The complaint was lodged by the proprietor of SRS Travels, a Bengaluru based travel agency. He claimed that the company sold him defective buses and he was saddled with numerous problems in the operation and maintenance of vehicles which led to huge financial losses.
Following an earlier order, the High court had allowed the legal heir (daughter) of the complainant to continue the criminal case following complainant's demise.
"The offence of criminal breach of trust or cheating cannot even remotely be found in the complaint which alleges that a commercial transaction has gone wrong between the Company and the complainant. The transaction has gone wrong not because of the acts of the Company, but due to the complainant failing to pay the amount either to the Company or to the Financier."
Date of Order: 09TH DAY OF NOVEMBER, 2022
Appearance: C.V.NAGESH, SR.ADVOCATE A/W SHWETHA RAVISHANKAR, ADVOCATE for petitioners; K.P.YASHODHA, HCGP FOR R1; SANDESH J.CHOUTA, SR.ADVOCATE FOR ISMAIL M.MUSBA, ADVOCATE FOR R2.