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august 2014

Supreme Court of India · 2014-08-26

Ghanshyam Sharma vs Surendra Kumar Sharma & Ors

Court
Supreme Court of India
Petitioner
Ghanshyam Sharma
Respondent
Surendra Kumar Sharma & Ors
Bench
A.K. Sikri, J. Chelameswar

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the proceedings under Sections 406 and 420 IPC, as the facts indicated a potential entrustment of money for the sale of land, which could constitute criminal breach of trust and cheating. The Court clarified that the mere absence of formal entrustment does not preclude the possibility of these offences if the circumstances suggest that the accused had control over the money. The appeal was allowed, and the High Court's order was set aside, reinstating the charges against the respondents.

Ghanshyam Sharma vs Surendra Kumar Sharma & Ors · Niyam