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Supreme Court of India 2019-01-11 allowed

Suresh Kumar Goyal and Others vs State of Uttar Pradesh and Another

Bench: 2 — Uday Umesh Lalit

In Brief

A father and his two sons were accused of cheating, forgery, and violence in acquiring Reliance Industries shares. The father claimed he had purchased the shares with his own funds in 1993; the shares were issued in joint names of his two sons and remained in his custody. When the complainant son alleged the father and brothers had wrongfully obtained bonus shares through forged signatures, the accused sought to quash the criminal complaint. The Supreme Court held that the accused's documentary evidence clearly established they had acquired the shares with their own funds, the complainant had provided no substantiation for his allegation, and the complaint was motivated by revenge following a family dispute. Allowing the discharge application, the Court held that the material placed by the accused was of impeccable quality, unrefuted, and made proceeding with trial an abuse of process.

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Criminal Procedure Discharge Application Inherent Jurisdiction Cheating and Forgery Evidence Abuse of Process

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