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december 2008

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.

MAHINDRA & MAHINDRA F.S.LTD. vs RAJIV DUBEY · Niyam