Deepak Gaba vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 2

SANJIV KHANNA, J. K. MAHESHWARI
Deepak Gaba – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Vividh Tandon, Adv. Mr. Syed Jafar Alam, AOR
For the Respondent(s): Mr. Sarvesh Singh Baghel, AOR Mr. Harsh Pratap Shahi, Adv. Ms. Mayuri Raghuvanshi, AOR Mr. Vyom Raghuvanshi, Adv.

JUDGMENT :

Sanjiv Khanna, J.

This appeal by Jotun India Private Limited (JIPL), Deepak Gaba - Regional Sales Manager - North (Decorative), and Sanjay Ramachandran Nair - Sales and Marketing Director (Decorative), takes exception to the order dated 30th March 2022, whereby the High Court of Judicature at Allahabad has dismissed their petition under Section 482 of the Code of Criminal Procedure, 1973,¹[For short, the ‘Code’,] challenging the summoning order dated 19th July 2018 passed by the Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, Uttar Pradesh, the operative portion of which, reads as under:

“On the basis of evidence available on records and on the basis of statement of Complainant, the charge is appearing prima facie regarding showing forged demand of Rs. 6,37,252.16 against the Complainant by the Opponents Manager Jotun India Pvt. Ltd. Delhi, Chief Manager Jotun India Pvt. Ltd. Andheri East, Mumbai.

Hence, the Opponents Manager Jotun India Pvt. Ltd. through Chief Manager Jotun India Pvt. ltd. Andheri East, Mumbai is liable to (be) summoned for trial in section 406 I.P.C. for trial prima facie.” (emphasis supplied)

2. Interestingly, in the cause title of the pri

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2023 Supreme(SC) 2

SANJIV KHANNA, J. K. MAHESHWARIDeepak Gaba – AppellantVersusState of Uttar Pradesh – Respondent

Cases Referred (11)

SANJIV KHANNA, J. K. MAHESHWARI
Deepak Gaba – Appellant
Versus
State of Uttar Pradesh – Respondent