2 SC 1007 , 2011 (Suppl. ) ACC 148 , 2012 (2 )ALT(Cri)260 , 2012 BomCR(Cri)401 , I (2012 )CCR360 (SC ), 2012 CriLJ1551 , 2012 INSC 61 , JT2012 (2 )SC 237 , 2012 (1 )RCR(Criminal)884 , 2012 (2 )SCALE152 , (2012 )3 SCC132 , [2012 ]4 SCR287 , ,MANU/SC/0076/2012A.K. Ganguly#J.S. Khehar#292SC3050Judgment/OrderACR#AIR#Allahabad Criminal Cases#ALT (Criminal)#BomCR#CCR#CriLJ#INSC#JT#MANU#RCR (Criminal)#SCALE#SCC#SCRJ.S. Khehar,SUPREME COURT OF INDIA2012-9-24Dishonest misappropriation of property,Offences against Property,Abetment,Cheating,Offences against Property,Scope of,Offences committed by letters, etc.,Jurisdiction of The Criminal Courts In Inquiries And Trials,Punishment of offences committed within India,Introduction,Every person',Punishment of offences committed within India,Introduction,Civil and Criminal liability,Cheating,Offences against Property,Criminal breach of trust vis-a-vis civil dispute,Punishment for criminal breach of trust,Offences against Property,Civil nature,Dishonest misappropriation of property,Offences against Property,Offence partly committed outside India,Dishonest misappropriation of property,Offences against Property,Foreigner committing offence in India,Punishment of offences committed within India,Introduction,Specific Contracts - Commercial, Trade and Mercantile Contracts,Specific Contracts - Commercial, Trade and Mercantile Contracts,Specific Contracts - Commercial, Trade and Mercantile Contracts,Specific Contracts - Commercial, Trade and Mercantile Contracts,Specific Contracts - Commercial, Trade and Mercantile Contracts,Specific Contracts - Commercial, Trade and Mercantile Contracts,Variation, Rectification and Novation of Contract - Other issues,Variation, Rectification and Novation of Contract - Other issues,Variation, Rectification and Novation of Contract - Other issues,Variation, Rectification and Novation of Contract - Other issues,Variation, Rectification and Novation of Contract - Other issues,Criminal Procedure,Indian Penal Code16243,16246,16258,16261,16263,16267,15913,15817,16630,15783,16394,16606,16608,16609,16350,16349,15990,16605,15784,15785,17373,15898,15985,16012,16021,16025,16026,16051,17483,17163,17165,16582,16581 -->

MANU/SC/0076/2012

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 304 of 2012 (Arising out of SLP (Crl.) No. 9168 of 2009)

Decided On: 01.02.2012

Appellants: Lee Kun Hee and Ors. Vs. Respondent: State of U.P. and Ors.

Hon'ble Judges/Coram:
A.K. Ganguly and J.S. Khehar

JUDGMENT

J.S. Khehar, J.

1. Leave granted.

2. Sky Impex Limited (as buyer) entered into an agreement with JCE Consultancy (as seller) on 1.12.2001. The sale consideration for the products to be supplied by JCE Consultancy was determined at US$13,70,000 (approximately Rs. 9 crores). The product was to be delivered no later than 30.1.2002. The buyer was to confirm receipt and certify quality and quantity. As per the agreement, the product was to be further transferred by the buyer (Sky Impex Limited) to Samsung Gulf Electronics, Dubai (hereafter referred to as "Samsung, Dubai"), a wholly owned subsidiary of Samsung Corporation, South Korea (hereinafter referred to as "Samsung, South Korea). Consequent upon supply of the product under the contract/agreement dated 1.12.2001, Samsung Dubai was to issue a bill of exchange valued at US$14,32,000, in favour of the buyer Sky Impex Limited. Sky Impex Limited was to further endorse the bill of exchange in favour of the seller (JCE Consultancy). Within 72 hours wheref........