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Supreme Court of India 2019-01-11 allowed

SRI SURESH KUMAR GOYAL vs THE STATE OF UTTAR PRADESH

Bench: 2 — Uday Umesh Lalit, Ashok Bhushan

In Brief

Suresh Kumar Goyal and others challenged criminal charges of cheating and forgery relating to the acquisition of Reliance Industries shares. The appellants (father and brothers) argued the shares were purchased from the father's funds when the complainant (son) was young, and were always held in joint names with the father. The complainant alleged the father and brothers obtained bonus shares through forged signatures. The Supreme Court, applying Section 482 CrPC principles, found the appellants' documentary evidence (bank records, company letters) of sterling quality and unrefuted, clearly establishing the father funded the shares from 1992-1993. The complaint was found to be retaliatory, filed after the father disowned the complainant and initiated civil proceedings. The Court allowed the appeal, quashed the proceedings, and directed discharge of all appellants, finding the complaint was an abuse of court process.

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Criminal Procedure Discharge of Accused Inherent Jurisdiction (CrPC Section 482) Evidence Abuse of Process Share Ownership Property Disputes

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