Supreme Court of India · 2011-12-16
Helios & Matheson ... vs Rajeev Sawhney & Anr
- Citation / case number
- AIR 2012 SUPREME COURT 660
- Court
- Supreme Court of India
- Petitioner
- Helios & Matheson ...
- Respondent
- Rajeev Sawhney & Anr
- Author
- T.S. Thakur
- Bench
- T.S. Thakur, B.S. Chauhan
Judgment text excerpt
The Supreme Court addressed the legality of the High Court's order setting aside the Additional Sessions Judge's ruling which had quashed the cognizance taken by the Additional Chief Metropolitan Magistrate under Sections 417, 420, 465, 467, 468, 471, and 120B of the IPC. The Court held that the Additional Sessions Judge erred in concluding that the subsequent meeting's minutes ratified the alleged fraudulent act, thereby negating the prima facie case of cheating. The Supreme Court reinstated the order of the Additional Chief Metropolitan Magistrate, affirming the validity of the complaint and the cognizance taken.