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2023 Supreme(SC) 1292

B. V. NAGARATHNA, UJJAL BHUYAN
Amandeep Singh Saran – Appellant
Versus
State Of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J S Attri, Sr. Adv. Mr. Varinder Kumar Sharma, AOR Mr. Raj Singh, Adv. Mr. Shantanu Sharma, Adv. Ms. Deeksha Gaur, Adv.
For the Respondent: Mr. Shreekant Neelappa Terdal, AOR Mr. Vikramjit Banerji, A.S.G. Mr. M.k. Maroria, Sr. Adv. Mr. Yuvraj Sharma, Adv. Mr. Tacho Eru, Adv. Mr. Anukalp Jain, Adv. Mr. T.S.Sabarish, Adv. Ms. Archana Pathak Dave, Mr. Sumeer Sodhi, Mr. Chaitnaya Sharma, Dr. Joseph Aristotle S., Ms. Shubhi Bhardwaj, Dr. Manish Singhvi, Ms. Shubhangi Agarwal, Mr. Apurv S., Ms. Snehal Uday Kanzarkar, Mr. D. K. Devesh, Ms. Rukmini Bobde, Adv., Mr. Siddharth Dharmadhikari, Adv., Mr. Aaditya Aniruddha Pande, AOR, Mr. Bharat Bagla, Adv., Mr. Sourav Singh, Adv., Mr. Aditya Krishna, Adv., Mr. Soumya Priyadarshinee, Adv., Mr. Ankit Ambasta, Adv., Mr. Amit Srivastava, Adv., Mr. Amlaan Kumar, Adv., Mr. Birender Bikram, D.A.G., Mr. Samar Vijay Singh, AOR, Mr. Keshav Mittal, Adv., Ms. Sabarni Som, Adv., Mr. V.V.M.. Pattabhiram, D.A.G., Mr. Sunny Choudhary, AOR, Mr. Abhinav Shrivastava, Adv., Mr. Shivang Rawat, Adv.

Judgement Key Points

The allegations involve the accused purportedly taking a loan from the complainant and issuing a cheque in exchange, which subsequently was dishonoured (!) . A key issue in this case is the contradiction in the complainant's statements regarding the nature of the loan transaction. Initially, she claims to have mortgaged her land and lent money directly to the accused, but later states that she lent money to her son, who returned the amount, and that this amount was then lent to the accused (!) .

This inconsistency raises concerns about the credibility of the complainant's version of events. Additionally, the complainant failed to provide a satisfactory explanation for suspicious circumstances surrounding the transaction, which further undermines the reliability of her testimony (!) . Such contradictions and unexplained suspicious details could cast doubt on the veracity of the allegations and challenge the strength of the prosecution’s case.

In cases involving financial transactions and cheque dishonourments, the credibility and consistency of the complainant's statements are crucial. Discrepancies and lack of satisfactory explanations for suspicious circumstances may be grounds for contesting the case, potentially leading to doubts about the accused's liability or even dismissal of the charges if the discrepancies are deemed significant enough to create reasonable doubt (!) .


ORDER :

1. This writ petition has been filed invoking Article 32 of the Constitution of India seeking the following reliefs:

    “a. Issue a Writ of Mandamus or such other appropriate Writ directing that no further FIRs be registered against the Petitioner by any Investigating agency premised on the same cause of actions as mentioned in the present petition; and/or

    b. Issue a Writ of Mandamus or such other appropriate Writ directing no cognizance be taken by any court/authority empowered to do so on any Complaint premised on the same cause of action mentioned in the present writ petition.

    c. Issue a Writ directing transfer and/or clubbing of all 30 FIRs i.e. FIR bearing No.477 of 2013 u/s 420, P.S. Basatpur dated 30.08.2013, FIR bearing no.142 of 2013 u/s 420, 409, 120(B) P.S. New Rajendra Nagar dated 24.12.2013, FIR bearing No.22 of 2015 u/s 420, 409/34, 120(B) and Section 3 and 4 of the Prize Chits Money Circulation Scheme (Baning) Act, 1978 and Section 138 of the N.I. Act P.S. New Rajendra Nagar dated 14.03.2015, FIR bearing No.35 of 2015 u/s 420, 120(B), P.S. Korar dated 18.04.2015, FIR bearing No.03 of 2015 u/s 5 of TNPID Act & 406, 420, 120(B) P.S. EOW dated 04.11.2015, FIR bearing n

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