SLP (Criminal) – 356 of 2023
The Hon’ble Supreme Court while examining a twenty-year-old criminal case, stayed the proceedings. The present Special Leave Petition was filed before the Supreme Court of India, pursuant to an erroneous decision of the High Court of Judicature at Allahabad, Lucknow Bench, which had erred in indiscriminately quashing the order of summon passed by the Chief Judicial Magistrate of Mathura.
The business between the Petitioner and Respondent were in the nature of running accounts, and that the Complainant had falsely implicated the Petitioner under Section 420 of IPC on account of dishonest encashment of a cheque belonging to the Respondent, where pertinently the ombudsman ruled the encashment unquestionable, as no attempt of withholding the cheque could be made out.
It had been contended that the High Court had strayed from passing a reasoned order, without appreciating the facts of the case, on settled position of law. It has deviated from applying its mind to the current facts of the case and has been trapped in passing the order on the basis of a similar application filed by the other co-accused and that that the summoning order is inherently defective and irrational on points of law.
The Hon’ble Supreme Court appreciated the facts and circumstances at hand and granted relief to the Petitioner by imposing interim stay on further proceedings pursuant to the impugned order dated 16.12.2022 passed by the High Court of Judicature at Allahabad.
SKV Comment:
The present Special Leave Petition was argued by Senior Advocate Mr. Vikas Singh assisted by Mr. Varun Singh and a team of advocates at SKV Law Offices (Commercial) wherein the interim relief sought by the Petitioner was successfully secured in the Hon’ble Supreme Court of India.
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