NDLI: Dr. Lakshman Vs. The State of Karnataka & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	506(B) 418 406 417 ss.403 422 120(B) IPC 420
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.403, 406, 417, 418, 420, 506(B), 422, 120(B) – Appellant-complainant case that respondent-accused entered into an agreement with appellant on 26.09.2012 to procure 70 acres of agricultural land in favour of appellant and received an amount of Rs. 9 crores from him, however, respondents failed to perform the contract in terms of agreement – It was alleged that thereafter, they entered into another MOU dated 08.11.2012 with a schedule indicating the survey nos., the respondent represented that they were in possession of 70 acres of land and 30 acres of converted land and promised to transfer the same to the appellant – It was alleged that respondents had already sold the land covered by the survey nos. 115 and 117 and later appellant was forced to sign the sale deed as a confirming party of the same survey nos. which were executed subsequently – Also, Respondents had issued two cheques as a security for the amount of advance paid by the appellant and when the said cheques were presented, it was alleged that account of which cheques were issued was closed – Appellant alleged cheating, fraud and criminal conspiracy in his complaints – Respondents filed petition u/s.482 Cr.P.C. to quash the complaints filed by the appellant – High Court held there was novation of contract on 08.11.2012 – High Court also disbelieved the schedule attached to the agreement on the ground that additional pages were not paginated – Further, High Court quashed the proceedings on the ground that appellant had already filed a Civil suit for recovery of sum of Rs.9 crores and complaint u/s.138 Negotiable Instruments – On appeal, held: So far as pagination of the schedule is concerned, in a petition u/s.482 Cr.P.C. it is fairly well settled that it is not permissible for the High Court to record any findings, wherever there are factual disputes – Further, mere filing of the suit for recovery of money and complaint filed u/s.138 of Negotiable Instruments Act by itself was no ground to quash the proceedings in the complaints filed by the appellant – When cheating and criminal conspiracy are alleged against the accused, for advancing a huge sum of Rs.9 crores, it is a matter which is to be tried, but at the same time the High Court has entered into the disputed area, at the stage of considering the petitions filed u/s.482 Cr.P.C. – Whether there is novation of contract or not and the effect of such entering into a contract is a matter which is required to be considered only after trial but not at the stage of considering the application u/s. 482 Cr.P.C. – High Court committed error in allowing the petitions filed u/s.482 Cr.P.C. – Accordingly, order of the High Court set aside.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 1153
Petitioner	Dr. Lakshman
Respondent	The State Of Karnataka & Ors.
SCR	[2019] 13 S.C.R. 480
Judgement Date	2019-10-17
Case Number	1573

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