IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (@ SLP(CRL.) No.16073/2025)

M/S SADBHAV ENGINEERING LTD. APPELLANT(S)

VERSUS STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)

O R D E R

1. Leave granted.

2. Heard the learned counsel appearing for the parties. 3. On a perusal of the impugned order, we are in agreement with the decision of the High Court on the legal issue, that proceedings for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (in short, ‘the IPC’) cannot be sustained simultaneously. However, we do not agree with the ultimate conclusion arrived at by the High Court wherein liberty has been given to the appellant to file an application before the Trial Court seeking discharge. The said conclusion cannot be sustained in the eye of law.

Signature Not Verified S D W ate E : T 2 A 0 2 B 5 A . L 1 O 1. D 15 I 4. We only clarify that the Trial Court shall decide as

13:00:37 IST Reason:

to whether the offence, either under Section 420 or under Section 406 of the IPC, if any, is made out.

5. Accordingly, the impugned order to the aforesaid extent and the cognizance and summoning order dated

11.02.2025, stand set aside.