SC 754 , 2000 (1 )ALD(Cri)362 , 2000 (40 ) ACC 501 , 2000 (1 )ALT(Cri)168 , I (2000 )BC273 (SC ), 2000 (2 )BLJ(SC )361 , I (2000 )CCR138 (SC ), [2000 ]100 CompCas613 (SC ), (2000 )1 CompLJ326 (SC ), 2000 CriLJ824 , 2000 (1 )Crimes179 (SC ), 2000 (2 )CTC107 , 2000 GLH(2 )191 , 2000 INSC 34 , JT2000 (1 )SC 360 , 2000 (I )OLR257 , 2000 (2 )PLJR46 , 2000 (1 )RCR(Criminal)707 , 2000 (1 )SCALE271 , (2000 )2 SCC636 , [2000 ]1 SCR417 , ,MANU/SC/0045/2000
Saiyed Saghir Ahmad#D.P. Wadhwa#2908SC3250Judgment/OrderACR#AIR#ALD(Cri)#Allahabad Criminal Cases#ALT (Criminal)#BC#BLJ#CCR#CompCas#CompLJ#CriLJ#Crimes#CTC#GLH#INSC#JT#MANU#OLR#PLJR#RCR (Criminal)#SCALE#SCC#SCRD.P. Wadhwa,SUPREME COURT OF INDIABank#Banker#Charge#Cheque#Common Object#Consideration#Credit#Debt#Deceiving#Delivery#Delivery of Property#Demand#Deposit#Direction of Law#Dishonest Intention#Dishonestly Inducing#Dishonestly Misappropriate#Dishonour#Dishonour of Cheque#Dominion Over Property#First Information Report#Fraud#Fraudulent Intention#Fraudulently or Dishonestly#Holder#Holder in Due Course#Instrument#Intentionally Induce#Interest#Legal Contract#Loan#Misrepresentation#Negotiable#Negotiable Instrument#Payee#Sufficient Fund#Term Loan2012-9-24Where and where not F.I.R. can be quashed,Saving of inherent powers of High Court,Miscellaneous,Criminal Procedure17483,16247,16241,16263,25842,17165,16294,16298 -->
MANU/SC/0045/2000
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 91 of 2000 (Arising out of SLP (Crl.) No. 1998 of 1999)
Decided On: 28.01.2000
Appellants: G. Sagar Suri and Ors. Vs. Respondent: State of U.P. and Ors.
Hon'ble Judges/Coram:
Saiyed Saghir Ahmad and D.P. Wadhwa JUDGMENT
D.P. Wadhwa, J.
1. Leave granted.
2. This appeal is directed against the judgment dated June 5, 1999 of Allahabad High Court dismissing the application of the appellants filed under Section 4821 of the CrPC (for short, the 'Code'). By this application the appellants had sought quashing of the criminal proceedings pending against them under Section 406/4022 of the Indian Penal Code (for short, the I.P.C.) in the Court of Chief Judicial Magistrate, Ghaziabad and arising out of Case No. 674 of 1997 of Police Station Noida, district Gautam Budh Nagar.
3. The First Information Report (FIR No. 517 dated August 17, 1997) was filed against seven persons including the two appellants by Mr. P.K. Sen Gupta (respondent No. 2), General Manager, M/s. Phoenix International Finance Ltd., NOIDA (for short, the 'Finance Company'). He alleged that Ashwani Suri, G. Sagar Suri (the first appellant) and Sukhvinder Singh contacted his company on telephone in the first week of June, 1996 with intention to cheat and commit fraud on him. They had stated that they along with Shalini Suri, Shama Suri (the second appellant), Charaujit Singh and M.L. Kampani were the Directors of M/s. Ganga Automobiles Ltd. and that they would come later for a meeting personally. They had also told that their company Ganga Automobiles Ltd. was doing good business and that if complainant's company could give a loan of Rs. 50,00,000 (Rupees fifty lakh only) to M/s. Ganga Automobiles Ltd. the loan would be repaid with interest by September 13, 1996. The complainant then alleged that the "above said accused persons turn by turn continued visiting the applicant's office" for making request for grant of loan. Relying on their pers........