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september 2008

Supreme Court of India · 2008-09-26

Prabha Mathur & Anr vs Pramod Aggarwal & Ors

Citation / case number
AIR 2008 SC (SUPP) 631
Court
Supreme Court of India
Petitioner
Prabha Mathur & Anr
Respondent
Pramod Aggarwal & Ors
Author
C.K. Thakker
Bench
D. K. Jain, C.K. Thakker

Judgment text excerpt

The Supreme Court held that the High Court's order remanding the matter for further inquiry was improper as it was passed without affording the appellants an opportunity to be heard, violating principles of natural justice. The Court emphasized that the dismissal of the complaint by the trial court and the revisional court was justified, as the allegations primarily constituted a civil dispute rather than criminal offences under Sections 420, 467, 468, 471 read with Sections 34 and 120B IPC. Consequently, the Supreme Court set aside the High Court's order and restored the trial court's dismissal of the complaint.

Prabha Mathur & Anr vs Pramod Aggarwal & Ors · Niyam