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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Ved Prakash – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. factual matrix regarding land dispute and complaints. (Para 1 , 2 , 3 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments presented by both parties on procedural aspects. (Para 11 , 12) |
| 3. legal requirements for establishing cheating and forgery. (Para 13 , 18 , 19 , 20 , 21) |
| 4. discussion on statutory requirements for cheating and forgery. (Para 22 , 23 , 24 , 25 , 30) |
| 5. analyzing the charges under sections 420 and 415 ipc. (Para 26 , 27 , 28 , 29 , 31) |
| 6. definition and requirements for proving forgery. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 7. challenging the allegations of forgery based on statutory interpretation. (Para 39 , 40 , 41 , 42 , 43) |
| 8. examining the abuse of process and implications on trial. (Para 44 , 45 , 46 , 47 , 48 , 49) |
| 9. the need for the case to demonstrate real legal prejudice. (Para 50 , 51 , 52 , 53) |
| 10. conclusion on the absence of core offences and quashing of complaints. (Para 54 , 55 , 56) |
| 11. final order allowing the petition and quashing previous orders. (Para 57 , 58) |
JUDGMENT
SANJEEV NARULA, J.
1. This petition under Section 482 of the Code of Criminal Procedure, 1973 [“CrPC”], assails the summoning order dated 19th September, 2019 passed by the CMM,
Absent core elements of deception and harm, allegations of forgery and cheating in the context of legal heirs and land mutation do not warrant criminal prosecution.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
The court established that civil disputes can coexist with criminal allegations, and the merits of such allegations must be determined through trial, not preemptively dismissed.
Criminal proceedings cannot pursue allegations of forgery if the accused were not the makers of the documents, emphasizing the distinction between civil and criminal disputes.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
The court established that allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
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