Supreme Court of India · 2018-11-15
ANAND KUMAR MOHATTA vs STATE (GOVT. OF NCT OF DELHI) DEPARTMENT OF HOME
- Citation / case number
- SC 2016/15227
- Court
- Supreme Court of India
- Petitioner
- ANAND KUMAR MOHATTA
- Respondent
- STATE (GOVT. OF NCT OF DELHI) DEPARTMENT OF HOME
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE L. NAGESWARA RAO, HON'BLE MR. JUSTICE R. SUBHASH REDDY
Judgment text excerpt
The Supreme Court examined the validity of FIR No. 0139/2014 dated 20.08.2014 under Section 482 CrPC, which was challenged by the appellants. The Court held that the FIR was filed 21 years after the agreement dated 03.06.1993 and found no merit in the allegations of cheating under Sections 406 and 420 IPC, as the appellants had not returned the advance payment of one crore rupees. Consequently, the Court quashed the FIR, establishing that undue delay in filing the FIR and lack of evidence of criminal intent warranted its dismissal.