
[Criminal misappropriation]
Facts
Tata Constructions & project Ltd. was given a task of construction, which was delegated to Singh Construction Co. According to the complaint, after the completion of the task, the complainant demanded back the balance amount under the contract from TCPL on the failure of which the complaint was filed.
Issues
Whether criminal misappropriation has taken place.
Judgement
Supreme Court laid that the word 'dishonestly' & 'misappropriated' are necessary ingredients for the offence. Any dispute of recovery of money is civil and criminal action is purely not needed. The recovery is of civil nature and no offence is commited hence they were found not guilty.
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