The High Court dismissed an application under Section 420 CrPC to quash criminal proceedings for cheating and forgery. Finding the applicant admitted receiving money in her account, the court held the prima facie case was made out and denied the quash prayer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:155552
Court No. - 80
Case :- APPLICATION U/S 482 No. - 29190 of 2024
Applicant :- Smt Manisha Goswami Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
she has no role in commission of alleged offence; and amount of Rs. 25,000/- has wrongly been credited in her account; she did not know that who had transferred the said amount into her account and due to lack of awareness of legal procedure she did not inform the police; she was always ready to return the same amount but the Investigating Officer has submitted the charge sheet against the applicant in an arbitrary manner.
Order Date :- 3.9.2024 Imtiyaz
Justice Vinod Diwakar
Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether the instant application to quash the charge sheet and cognizance order is devoid of merit given the prima facie case of fraud.
Whether the applicant's admission of receiving credited amount in her bank account satisfies the ingredients of the alleged offences.
2 provisions across 2 enactments
Smt Manisha Goswami
State of U.P.
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
