Tag: cheating case

Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement
21Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Land Deal Fraud Case Citing Civil Settlement

In this judgment, the Supreme Court exercised its plenary power under Article 142 of the Constitution to quash criminal proceedings solely against the appellant, based on a full and final settlement between the private parties. The Court clarified that such quashing would not impede the prosecution of other accused, who must be pursued independently. Facts Of The Case: The case originated from a dispute over the sale of a plot of land in Burari, Delhi. Respondent No. 2, while searching for land to build a house, was introduced by the appellant, Mool Chand, who claimed to be a reputed real estate agent. The appellant represented that he had an encumbrance-free plot suitable for the complainant, owned by his associate, accused No. 2, who needed urgent funds. Consequently,...
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Right to Privacy Prevails: Supreme Court Rejects Forced DNA Test in Paternity Dispute
29Jan By The Legal ChamberNo Comments
Supreme Court

Right to Privacy Prevails: Supreme Court Rejects Forced DNA Test in Paternity Dispute

In this Supreme Court judgment, the Supreme Court ruled that a DNA test cannot be ordered as a matter of routine. It emphasized that the conclusive presumption of a child's legitimacy under Section 112 of the Indian Evidence Act can only be displaced by proving "non-access." Absent such proof and a direct nexus to the alleged offence, forced testing violates the right to privacy and bodily autonomy. Facts Of The Case: Respondent No. 1, Kamar Nisha, was married to Abdul Latheef in 2001. Latheef, suffering from a skin ailment, was successfully treated by the appellant, Dr. R. Rajendran. Latheef confided in the doctor about his lack of progeny, leading to a request for medical assistance for his wife. Following this, an extramarital relationship developed between the appellant and...
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Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed

The Supreme Court held that at the quashing stage under Section 482 CrPC, the High Court cannot conduct a mini-trial or evaluate evidence. If the complaint and prima facie documents disclose cognizable offences, the prosecution must proceed to trial. The merits of allegations, including forgery and cheating, are to be tested through evidence, not nipped in the bud. Facts Of The Case: The complainant, Komal Prasad Shakya, filed a criminal complaint alleging that Rajendra Singh, who had always identified as a General Category 'Sikh', fraudulently obtained a Scheduled Caste ('Sansi') certificate just before the 2008 Guna Assembly elections. Using this certificate, he contested and won from a reserved constituency. The complaint accused Rajendra Singh, his father Amrik Singh, and others in...
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Supreme Court Limits Clubbing of Multi-State FIRs in Financial Fraud Case
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Limits Clubbing of Multi-State FIRs in Financial Fraud Case

In this judgement, the Supreme Court rejected the petitioners' plea to club multiple FIRs registered across different states concerning an alleged financial scam. The Court clarified that while consolidation may be permissible for a single incident like a hate speech, it is impractical in multi-victim financial frauds where distinct transactions and witnesses are involved. It allowed limited clubbing of FIRs only within the states of Telangana and Maharashtra, directing the petitioners to seek regular bail from respective jurisdictional courts. Facts Of The Case: The case originated from a series of FIRs registered against a firm, its partners, and management officials, including petitioners like Odela Satyam, Pawan Odela, and Kavya Nalluri, for allegedly defrauding investors. Th...
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Supreme Court Cancels Bail in Cheating Case, Slams Accused for “Misleading Courts”
19Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cancels Bail in Cheating Case, Slams Accused for “Misleading Courts”

The Supreme Court set aside the bail orders, emphasizing that the grant of bail must consider the totality of circumstances, including the accused's conduct and antecedents. The Court held that lower courts erred by ignoring relevant factors and precedents, and by granting bail mechanically without proper application of mind to the material on record. Facts Of The Case: The appellant, M/s Netsity Systems Pvt. Ltd., filed a criminal complaint alleging that the accused respondents, a husband and wife, had cheated them of ₹1.9 crores by promising to transfer a piece of land that was already mortgaged and sold to a third party. An FIR was subsequently registered. The accused sought anticipatory bail, and the High Court granted them interim protection for nearly four years, during which media...
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Supreme Court Quashes FIR in Land Dispute : Civil Dispute or Criminal Case?
14Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Land Dispute : Civil Dispute or Criminal Case?

The Supreme Court quashed an FIR under Sections 406 and 420 IPC, ruling that the dispute was purely civil in nature and lacked criminal intent. The Court condemned the misuse of criminal proceedings to pressure the appellants in a land deal, imposing ₹10 lakh costs on the complainant for abuse of legal process. It emphasized that contractual breaches must be resolved through civil remedies, not criminal prosecution, unless fraudulent intent is clearly established. The judgment reaffirmed the need for courts to prevent harassment via frivolous FIRs in commercial disputes. Facts Of The Case: The case involved appellants Mala Choudhary (a 70-year-old widow of an Army officer) and her daughter, who owned a 500-square-yard plot in Telangana. In 2020, they orally agreed to sell the land to a c...
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