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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA
Yogesh Mittal – Appellant
Versus
State Govt. Of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. petitions filed concerning criminal charges. (Para 1 , 2) |
| 2. overview of prosecution allegations and filing of fir. (Para 3 , 4 , 5 , 6) |
| 3. trial court's discharge order and subsequent revision. (Para 8 , 18 , 19) |
| 4. arguments by petitioner no. 1 regarding evidence. (Para 9 , 10 , 11 , 12 , 13) |
| 5. petitioner no. 2's arguments against revision ruling. (Para 15 , 16 , 17) |
| 6. state's position in response to allegations. (Para 20 , 21 , 22) |
| 7. respondent's perspective on investigation findings. (Para 24 , 27 , 28 , 29) |
| 8. analysis and findings from the court. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 46) |
| 9. final decision regarding discharge and implications. (Para 50 , 52) |
| 10. closure of the judgment and directive for compliance. (Para 54 , 55) |
JUDGMENT :
AMIT SHARMA, J.
1. The petition, CRL.M.C. 4506/2023, under Section 482 of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) has been filed by, Yogesh Mittal (hereinafter referred to as ‘Petitioner No.1’), seeking the following prayers: -
“It is. therefore, most respectfully prayed to this Hon’ble Court to be graciously pleased to: -
a) summon the Trial Court record and the impugned Order
The court reinforced that for framing charges, sufficient prima facie evidence must exist, while allegations lacking substantiation do not preclude trial proceedings.
High Court can quash FIRs in settled disputes even for serious offenses if continuation serves no purpose and leads to abuse of legal process.
The ingredients of the offenses under Sections 420, 467, 468, 471, and 120(B) of the IPC are satisfied when a person fraudulently induces another person to invest money in a scheme, promising high re....
The court can take cognizance based on a protest petition and act under section 200 and 202 Cr.P.C. The acceptance of the final form does not debar the Magistrate from taking cognizance based on the ....
The Court determined that a detailed inquiry under Section 202 Cr.P.C is essential before taking cognizance in allegations of fraud and forgery, highlighting the importance of judicial diligence and ....
Point of law: Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations....
The court upheld the necessity of trial for charges framed under the Prevention of Money Laundering Act, emphasizing that prima facie evidence supports the petitioner’s involvement in fraudulent acti....
Directors cannot be held vicariously liable for company crimes absent active role, criminal intent or statutory provision; no conspiracy without meeting of minds; discharge warranted if no prima faci....
The court established that allegations of cheating and forgery require a clear demonstration of fraudulent intent at the time of the transaction, and that the existence of a civil remedy does not pre....
The court affirmed that a charge-sheet can only be quashed if there is no prima facie case against the accused, emphasizing the need for sufficient evidence to proceed.
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