Supreme Court of India · 2008-12-04
MAHINDRA & MAHINDRA F.S.LTD. vs RAJIV DUBEY
- Citation / case number
- SC 2006/24786
- Court
- Supreme Court of India
- Petitioner
- MAHINDRA & MAHINDRA F.S.LTD.
- Respondent
- RAJIV DUBEY
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court upheld the decision of the Orissa High Court, affirming the taking of cognizance under Sections 406 and 420 IPC for cheating and criminal breach of trust. The Court found that the complainant had repaid the entire amount through demand drafts, yet the accused presented blank cheques for encashment, constituting an offence. The Court ruled that the High Court's refusal to interfere with the lower court's order was justified, as the complaint was not an abuse of process.