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Non-payment of outstanding salary or performance bonus by Company did not amount to criminal breach of trust
Case Law Details
- Case Name
- Dasrathbhai Narsangbhai Chaudhary @ Dasrath Chaudhary & Another Vs State of West Bengal & Another (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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Dasrathbhai Narsangbhai Chaudhary @ Dasrath Chaudhary & Another Vs State of West Bengal & Another (Calcutta High Court)
Conclusion: Non-payment of outstanding dues towards Outstanding Salary or Performance Bonus by the company did not amount to Criminal breach of trust as there was nothing in the complaint to show that assessee had dishonest and fraudulent intention at the time, when the opposite party had been engaged or worked and moreover, these disputes were apparently civil in nature and that could be decided by Civil Court.
Held: In the instant case, assessee bei...
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