VidhiSangh

Supreme Court of India · 22/03/2022

VIJAY KUMAR GHAI & ORS. versus THE STATE OF WEST BENGAL & ORS.

[2022] 1 S.C.R. 884 · 2022 INSC 326

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Summary

Company directors sought quashing of Kolkata criminal proceedings arising from a share-investment dispute. The complainant had pursued substantially identical allegations in Delhi, then changed the jurisdictional narrative and suppressed the earlier proceedings. The Court found abusive forum shopping and no factual foundation for criminal breach of trust or cheating at inception. It set aside the High Court order and quashed the Kolkata FIR and consequential proceedings against the appellants.

Issues

  1. Whether successive complaints on the same transaction constituted abusive forum shopping.
  2. Whether the investment-related allegations disclosed criminal breach of trust or cheating warranting continuation.

Provisions considered

Held

Result

Appeal allowed. The High Court order was set aside and FIR No.168 dated 28 March 2013, together with the Kolkata proceedings pursuant to the charge sheet against the appellants under Sections 406, 420 and 120B IPC, was quashed.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 884.