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RAJESH BAJAJ vs. STATE NCT OF DELHI AND ORS.

SCR Citation: [1999] 1 S.C.R. 1012
Year/Volume: 1999/ Volume 1
Date of Judgment: 12 March 1999
Petitioner: RAJESH BAJAJ
Disposal Nature: Appeal Allowed
Neutral Citation: 1999 INSC 101
Judgment Delivered by: Hon'ble Mr. Justice K.T. Thomas
Respondent: STATE NCT OF DELHI AND ORS.
Case Type: CRIMINAL APPEAL/295/1999
Order/Judgment: Judgment
1. Headnote

Criminal Procedure Code, 1973 - Section 482 - Quashing of criminal complaint - Complainant induced to enter into a commercial transaction - Payment as per the invoice was not made after delivery of goods - complaint lodged containing all relevant facts - High Court quashed the complaint holding, it did not disclose offence of cheating and that it was purely a commercial transaction where payment assured was not made - On appeal Held, if factual foundation is laid then complaint need not reproduce ingredients of offence alleged - Court should not hasten to quash proceedings at investigation stage - Quashing of complaint on ground that it disclosed only a commercial transaction not justified - Indian Penal Code, 1860 - Sections 415 and 420.

Constitution of India - Article 226 - Quashing of criminal Complaint - Meticulous scrutiny of all ingredients of offence not needed - Hyper technical approach adopted by court may be justified during trial but not during the stage of investigation - Indian Penal Code, 1860 - Sections 415 and 420. 

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Criminal Procedure Code
  • Quashing
5. Equivalent citation
    Citation(s) 1999 AIR 1216 = 1999 (3) SCC 259 = 1999 (3) Suppl. SCC 259 = 1999 (2) JT 112 = 1999 (2) Suppl. JT 112 = 1999 (1) SCALE 697