Criminal Appeal No. 1838 of 2014 (Arising out of SLP (Crl.) No. 4540 of 2013). Case: Ghanshyam Sharma Vs Surendra Kumar Sharma. Supreme Court (India)

Case NumberCriminal Appeal No. 1838 of 2014 (Arising out of SLP (Crl.) No. 4540 of 2013)
JudgesJasti Chelameswar and Arjan Kumar Sikri, JJ.
IssueIndian Penal Code (IPC) - Sections 379, 406, 420; Code of Criminal Procedure (CrPC) - Section 482
Judgement DateAugust 26, 2014
CourtSupreme Court (India)


Jasti Chelameswar, J.

  1. Leave granted.

  2. Aggrieved by the judgment and order dated 12th September, 2012 in Criminal Misc. Application No. 34280 of 2011, the defacto complainant in case No. 1743/IX/2009, arising out of Case Crime No. 246 of 2009 on the file of the 1st Additional Chief Judicial Magistrate, Mathura, preferred this appeal.

  3. The Respondents are the accused in the abovementioned case. By the impugned order, the High Court quashed the proceedings in the abovementioned criminal case on the file of the trial Court.

  4. It is alleged that there was an agreement between the Appellant and the contesting Respondents (1 to 3) whereunder the said Respondents agreed to sell a plot of land admeasuring 400 sq. yards to the Appellant herein for an amount of Rs. 44,00,000/-. It is alleged that as per the agreement, the Appellant did, in fact, make some payment.

  5. On 11.7.2009, the Appellant complained to the police that the father of the contesting Respondents herein had called the Appellant herein on telephone and asked the Appellant to make the payment of the balance amount to the first Respondent herein. Accordingly, the first Respondent approached the Appellant. Both of them went to the bank in a car belonging to the first Respondent wherein the Appellant withdrew an amount of Rs. 16,68,000/-. Both of them proceeded to the house of the father of the Respondents. When they were about to enter the house, the first Respondent insisted that the Appellant leave the money in the car itself. The Appellant left the money in the car and went into the house of the Respondents. While the Appellant and the father of the Respondents were discussing, the first Respondent went out of the house and returned after a while to inform the Appellant that the glass of the vehicle, in which money was kept, was broken and the money was stolen.

  6. In the abovementioned background, the Appellant lodged a complaint with the police praying that action be taken against the Respondents.

  7. The police investigated the case and filed a chargesheet Under Section 406 and 420 Indian Penal Code. The trial Court summoned the accused (Respondents herein). The Respondents approached the High Court Under Section 482 Code of Criminal Procedure praying that the criminal proceedings be quashed. The said application was allowed by the High Court and hence the instant appeal.

  8. The basic facts that the Appellant withdrew money from the bank, went to the house of the...

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