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Corporate Law

FIR Set Aside Because Loan Default Lacked Entrustment: Supreme Court Bars Criminalising Commercial Disputes

Case Law Details

Case Name
Sunil Sharma Vs Hero Fincorp Limited & Another (Supreme Court of India)
Date of Judgement/Order
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Sunil Sharma Vs Hero Fincorp Limited & Another (Supreme Court of India) Loan Default & Contract Breach Not Criminal Breach of Trust -No Entrustment, No Mens Rea- Supreme Court Stops Criminalisation of Commercial Loan Disputes Background & Loans Appellant was Director of Benlon India Ltd. Hero Fincorp gave three loans: ₹12.25 cr (24-10-2014) ₹10 cr (06-02-2015) ₹15 cr (10-02-2016) Machinery purchased using first two loans; major fire on 02-03-2016 destroyed machinery worth ₹180 cr. Third loan of ₹15 cr (25-02-2016) was converted into unsecured / corporate loan — Her...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,641

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