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august 2014

Supreme Court of India · 2014-08-26

GHANSHYAM SHARMA vs SURENDRA KUMAR SHARMA .

Citation / case number
SC 2013/11437
Court
Supreme Court of India
Petitioner
GHANSHYAM SHARMA
Respondent
SURENDRA KUMAR SHARMA .
Author
Chelameswar
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 allegations of entrustment and inducement were sufficient to constitute the offences. The Court emphasized that the facts presented in the FIR indicated a prima facie case against the respondents, and thus the High Court's order was set aside, allowing the criminal proceedings to continue. The judgment reinforces the principle that the sufficiency of evidence should be determined at trial, not at the stage of quashing proceedings.

GHANSHYAM SHARMA vs SURENDRA KUMAR SHARMA . · Niyam