Supreme Court of India
Sumit Bansal v. M/s Mgi Developers and Promoters
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What the Court ordered
a) The Appeal arising out of SLP (Crl.) No. 10770 of 2025 preferred by the complainant is allowed. The judgment of the High Court dated 17.04.2025 passed in Crl.MC No. 8002 of 2023 quashing Complaint Case No. 3298 of 2019 and the summoning order dated 06.03.2019, is set aside. Complaint Case No. 3298 of 2019 shall stand restored for trial before the concerned Trial Court. b) The Appeals arising out of SLP (Crl.) Nos. 11262 of 2025, 11647 of 2025 and 11787 of 2025 preferred by Respondent No. 2 are dismissed.
Judgment, 45
From the headnote
Issue for Consideration a) Whether the High Court was right in quashing Complaint Case No.3298 of 2019 and the consequential summoning order dated 06.03.2019 against respondent nos.1 and 2 herein arising out of the dishonour of the firm’s cheque Nos.057140 and 057141, on the ground that it related to the same underlying liability for which another complaint i.e., Complaint Case No.2823 of 2019 had already been instituted and whether the same would not amount to conducting a ‘mini trial’ which is clearly prohibited under the scheme of s.482 of the Cr.PC; and b) Whether the High Court erred in not quashing the criminal proceedings against respondent no.2 arising out of Complaint Case No.2823 of 2019, Complaint Case No.13508 of 2019 and Complaint Case No.743 of 2020.
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