Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Commercial transaction Writ petition protest petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950 - Art. 226 - Commercial transaction - Subsequently, purchaser filed criminal case against the sellers u/ss.406 and 420 IPC - Police report that the case was of civil nature and no criminal offence made out - In protest petition by the complainant, CJM took cognizance of the case - Writ petition against order of CJM - High Court quashed the criminal case in respect of one of the accused - Held: A case which may apparently look to be of civil nature may also contain ingredients of criminal offences - The facts of the instant case show that it was not purely civil in nature - Neither the FIR nor the protest petition was mala fide, frivolous or vexatious, hence interference of High Court in exercise of its jurisdiction u/Art. 226 was not justified - Prima facie case is made out against the accused that they had the intention to cheat - Penal Code, 1860 - ss. 406 and 420. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 29 |
Petitioner | Arun Bhandari |
Respondent | State Of U.p. And Others |
SCR | [2013] 3 S.C.R. 961 |
Judgement Date | 2013-01-10 |
Case Number | 78 |
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