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Supreme Court of India 2019-10-17 allowed

DR. LAKSHMAN vs THE STATE OF KARNATAKA

Bench: 3 — N.V. Ramana, R. Subhash Reddy, B.R. Gavai

In Brief

Dr. Lakshman filed two criminal complaints against land developers alleging they fraudulently received Rs. 9 crores as advance payment while selling promised land parcels to third parties and issuing cheques as security from already-closed accounts. The High Court quashed these complaints under Section 482 CrPC, citing novation of contract, absence of pagination in schedules, and existence of parallel civil remedies. The Supreme Court set aside the High Court's order, holding that such disputed factual allegations of cheating and criminal conspiracy require full trial before judgment. The Court emphasized that power to quash must be exercised sparingly and cannot resolve factual disputes or presume absence of mens rea at the interlocutory stage.

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Criminal Procedure Cheating and Fraud Criminal Breach of Trust Powers of High Court Quashing of Proceedings Section 482 CrPC Civil and Criminal Jurisdiction Contract Law Mens Rea

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