Supreme Court of India

Maharashtra State Electricity Distribution Co. Ltd. & Anr. v. Datar Switchgear Ltd. & Ors.

Neutral citation

Reported as [2010] 12 S.C.R. 551

Bench D.K. Jain and H.L. Dattu JJ.

Decided 8 October 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that no prima facie case has been made out against appellant No.2 in respect of offences under Sections 192 and 199 of the IPC, even with the aid of Section 34 of the IPC. Therefore, it was a fit case where the High Court should have exercised its powers under D Section 482 of the Code by quashing the complaint against appellant No. 2. ·.

Judgment, page 23

From the headnote

Code of Criminal Procedure, 1973 - s. 482 - Power under - Exercise of - Contract between Maharashtra State Electricity Board (MSEB) and a company - Dispute between parties - Termination of contract by company - Reference of dispute to arbitral tribunal - Final award with observation as regards fabrication of certain documents tendered in evidence by MSEB - Criminal complaint by the company and its senior officials against MSEB, its Chairman and others for commission of offences u/ss. 192 and 199 r/w s. 34 - Issuance of summons to all named in 'the complaint - Petition u/s. 482 Cr. P. . -

Authorities it was built on

2007 Tax Recovery Officer, Central Range-1 v. Custodian Appointed Under the Special Court (trial of Offences Relating to Transaction in Securities) Act, 1992 cited by 41
2000 Surendra Chauhan v. State of M.p cited by 8
2009 Keki Hormusji Gharda and Ors. v. Mehervan Rustom Irani and Anr. cited by 2
2008 K.L.E. Soceity and Ors. v. Siddalingesh cited by 2

Where later benches applied it

2022 S. P. Mani and Mohan Dairy v. Dr.snehalatha Elangovan referred to
2015 Sharad Kumar Sanghi v. Sangita Rane referred to
2015 Sunil Bharti Mittal v. Central Bureau of Investigation referred to
2011 M/s Thermax Ltd. & Ors. v. K.M. Johny & Ors. referred to

Of those, 4 referred to

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