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august 2007

Supreme Court of India · 2007-08-01

VEER PRAKASH SHARMA vs ANIL KUMAR AGRAWAL & ANOTHER

Citation / case number
SC 2006/8878
Court
Supreme Court of India
Petitioner
VEER PRAKASH SHARMA
Respondent
ANIL KUMAR AGRAWAL & ANOTHER
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the decision of the Allahabad High Court, which refused to quash criminal proceedings against the appellant under Sections 406, 409, 402, and 417 of the Indian Penal Code. The Court emphasized that the allegations in the complaint, if taken at face value, were sufficient to warrant a trial, as they indicated the appellant's intention to deceive by issuing dishonored cheques. The Court reiterated that the High Court's jurisdiction under Section 482 of the Code of Criminal Procedure is limited to cases where no prima facie case exists, which was not applicable here.

VEER PRAKASH SHARMA vs ANIL KUMAR AGRAWAL & ANOTHER · Niyam