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Moot Problem 1 Alongwith List

The document outlines a moot court problem involving a criminal appeal filed in the Supreme Court of India. Mr. Chatur Tripathi was convicted by the Bombay High Court for 10 years imprisonment and a large fine for fraudulently obtaining investments from the public for a smartphone manufacturing business that failed. After his death, his legal heirs have filed a criminal appeal challenging the High Court's conviction order. The Supreme Court must decide whether the legal heirs have standing to file the appeal, if the High Court was correct in calling the refund of investments "colorable", if the property attachment order can be executed against the heirs, and whether the appeal itself is maintainable and timely filed.

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321 views7 pages

Moot Problem 1 Alongwith List

The document outlines a moot court problem involving a criminal appeal filed in the Supreme Court of India. Mr. Chatur Tripathi was convicted by the Bombay High Court for 10 years imprisonment and a large fine for fraudulently obtaining investments from the public for a smartphone manufacturing business that failed. After his death, his legal heirs have filed a criminal appeal challenging the High Court's conviction order. The Supreme Court must decide whether the legal heirs have standing to file the appeal, if the High Court was correct in calling the refund of investments "colorable", if the property attachment order can be executed against the heirs, and whether the appeal itself is maintainable and timely filed.

Uploaded by

Pai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
You are on page 1/ 7

MOOT COURT PROBLEM NO.

1
DIVISON ‘A’ (ROLL NO. 1 TO 30)

ROLL NO. APPEARING FOR ROLL NO. APPEARING


OF DIV A OF DIV A FOR

1 APPELLANT/PETITIONER 2 RESPONDENT
3 APPELLANT/PETITIONER 4 RESPONDENT
5 APPELLANT/PETITIONER 6 RESPONDENT
7 APPELLANT/PETITIONER 8 RESPONDENT
9 APPELLANT/PETITIONER 10 RESPONDENT
11 APPELLANT/PETITIONER 12 RESPONDENT
13 APPELLANT/PETITIONER 14 RESPONDENT
15 APPELLANT/PETITIONER 16 RESPONDENT
17 APPELLANT/PETITIONER 18 RESPONDENT
19 APPELLANT/PETITIONER 20 RESPONDENT
21 APPELLANT/PETITIONER 22 RESPONDENT
23 APPELLANT/PETITIONER 24 RESPONDENT
25 APPELLANT/PETITIONER 26 RESPONDENT
27 28 RESPONDENT
29 APPELLANT/PETITIONER 30 RESPONDENT

1
MOOT COURT PROBLEM NO. 1
DIVISON ‘B’ (ROLL NO. 1 TO 30)

ROLL NO. APPEARING FOR ROLL NO. APPEARING


OF DIV B OF DIV B FOR

1 APPELLANT/PETITIONER 2 RESPONDENT
3 APPELLANT/PETITIONER 4 RESPONDENT
5 APPELLANT/PETITIONER 6 RESPONDENT
7 APPELLANT/PETITIONER 8 RESPONDENT
9 APPELLANT/PETITIONER 10 RESPONDENT
11 APPELLANT/PETITIONER 12 RESPONDENT
13 APPELLANT/PETITIONER 14 RESPONDENT
15 APPELLANT/PETITIONER 16 RESPONDENT
17 APPELLANT/PETITIONER 18 RESPONDENT
19 APPELLANT/PETITIONER 20 RESPONDENT
21 APPELLANT/PETITIONER 22 RESPONDENT
23 APPELLANT/PETITIONER 24 RESPONDENT
25 APPELLANT/PETITIONER 26 RESPONDENT
27 APPELLANT/PETITIONER 28 RESPONDENT
29 APPELLANT/PETITIONER 30 RESPONDENT

2
Moot Problem 1

BEFORE THE SUPREME COURT OF INDIA


Criminal Appeal No 1234 of 2021

Mr. Chatur Tripathi …...Appellant


Vs.
The State of Maharashtra …...Respondent

1. Mr. Tripathi is a social worker cum industrialist having a good


reputation in the society. He has various business undertakings, one of
which has been in limelight lately, getting a lot of media attention
because he has introduced an investment scheme particularly for
small scale investors.

2. He invited the general public to invest in his company which sought to


enter into the manufacturing of low-priced/cheap smartphones.
Considering the goodwill which he held in the society, as well as in the
market, people thoughtlessly invested in his company. His company
received such a colossal investment that it created a record in the
history to have received such a massive response. He collaborated with
a foreign company to exploit their inventions for manufacturing low-
priced/cheap smartphones in India.

3. Unfortunately, due to sudden unpleasantness in the relation between


India and the nation of that foreign company, Mr. Tripathi’s company

3
could not establish the manufacturing unit to begin manufacturing of
the said smartphones as promised.

4. Apparently, the same resulted in backlash from various other social


spirited persons. The amount received by him was also generating a lot
of concern and attention at the same time. People started protesting
outside his office, residence and factories to ask for refund, however he
neither published a statement to address the issue nor made any
public appearance to take responsibility. This led people to anticipate
foul play on his part.

5. Multiple criminal cases came to be filed against him, all of which were
directed to be heard together by a Special Judge to be appointed in this
behalf.

6. On the first date of hearing, Mr. Tripathi appeared before the court and
made a statement on record that he is prepared to refund the whole
amount of investment received from the people but on a condition that
he shall not pay any interest upon it and only the principal amount
would be refunded. His statement came to be recorded by the court
and the case came to be adjourned for compliance of his undertaking.

7. He called for the general meeting of all investors in order to comply


with the undertaking given to the court and proposed them to sign a
receipt and promised that the process of refund shall be initiated
accordingly. They were also informed that the said refund shall be as
and by way of refundable investment in another establishment of the
same group of companies.

4
8. The investors agreed to the proposal in haste and signed the
receipt/acknowledgement of original investment amount for
manufacturing of low-priced/cheap smartphones.

9. Subsequently, the matter came to be listed before the court wherein


Mr. Tripathi filed an affidavit along with the receipts in respect of
refund. The special court accepted the refund receipts and based on
the same, inter alia acquitted Mr. Tripathi of all charges.

10. Immediately after the pronouncement of the judgment by the


special trial judge, the state moved the Bombay High court under
appeal to challenge the acquittal as the same was based on the sole
ground of refund. The Bombay High Court set aside the acquittal and
convicted Mr. Tripathi for a period of 10 years of imprisonment with
fine of Rs. 1,000/- crores to be recovered by attachment and sale of all
the properties of Mr. Tripathi. The decision of the court was based on
the ground that the refund of investment amount by Mr. Tripathi could
not be accepted as the same was colorable.

11. Considering the amount involved and the tenure of punishment,


the High Court granted leave to appeal to the Supreme Court u/s 379
of Cr.P.C.

Soon after his conviction, Mr. Tripathi suffered a heart attack which was
followed by his death. Immediately thereafter, the legal heirs of Mr. Tripathi
through his elder son, Mr. Chatur filed a criminal appeal impugning the
order of conviction of the High Court against the state. Appeal is before the
Supreme Court which has to decide the following issues:

5
Issues:
1. Whether the legal heirs of the deceased accused have locus standi to
file a criminal appeal before the Supreme Court of India?
2. Whether the High Court was just in holding refund of the amount to be
‘colorable’?
3. Whether the order of the High Court of attachment and sale of all
properties of Mr. Tripathi is to be executed and legal heirs be disposed
of the property for execution?
4. Whether the appeal is maintainable?
5. Whether the appeal is within limitation?

6
7

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