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october 2013

Supreme Court of India · 2013-10-28

M/S. Shree Mahavir Carbon Ltd vs Om Prakash Jalan (Financer) & Anr

Citation / case number
AIR 2014 SC (CRIMINAL) 234
Court
Supreme Court of India
Petitioner
M/S. Shree Mahavir Carbon Ltd
Respondent
Om Prakash Jalan (Financer) & Anr
Author
A.K.Sikri
Bench
A.K.Sikri, K.S.Radhakrishnan

Judgment text excerpt

The Supreme Court set aside the High Court's order quashing the cognizance taken under Sections 420, 406, 468, and 471 IPC, stating that the High Court's conclusion that the dispute was civil in nature lacked rationale and reasoning. The Court emphasized the necessity of providing adequate reasoning in judicial orders and remanded the case back to the High Court for a fresh hearing on the merits of the application under Section 482 Cr.P.C. The Court highlighted the specific allegations of cheating and falsification of accounts made by the appellant in the complaint.

M/S. Shree Mahavir Carbon Ltd vs Om Prakash Jalan (Financer) & Anr · Niyam