Supreme Court of India · 2008-04-28
Suneet Gupta vs Anil Triloknath Sharma & Ors
- Citation / case number
- AIR 2008 SC (SUPP) 1934
- Court
- Supreme Court of India
- Petitioner
- Suneet Gupta
- Respondent
- Anil Triloknath Sharma & Ors
- Author
- C.K Thakker
- Bench
- C.K. Thakker, Aftab Alam
Judgment text excerpt
The Supreme Court held that the High Court's quashing of the FIR under Sections 468, 406 read with 120B IPC was erroneous as the allegations made by the appellant, Suneet Gupta, regarding misrepresentation and fraud by his former partner were sufficient to warrant investigation. The Court emphasized that the ingredients of the offences under the IPC were made out, and the High Court should not have interfered at the preliminary stage. Consequently, the appeals were allowed, and the FIR was reinstated for further proceedings.