VidhiSangh

Supreme Court of India · 15/04/2025

S.C. GARG versus STATE OF UTTAR PRADESH & ANR.

[2025] 5 S.C.R. 627 · 2025 INSC 493

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Summary

A cheating prosecution under Section 420 IPC against the Managing Director of a company was quashed because the allegation on which it rested (that the complainant had already paid the seven dishonoured cheques by demand drafts and the company fraudulently encashed four cheques again) was precisely the defence that the complainant had raised and lost, up to the Sessions Court, in the earlier Section 138 NI Act proceedings in which he was convicted. The Supreme Court held that the principle of res judicata applies to criminal proceedings (Pritam Singh, a three-Judge Bench, binds; Devendra and Muskan Enterprises are distinguishable as decided at the Section 482 stage without adjudication on merits). Further, the company was not arraigned as an accused and no specific allegation was made against the Managing Director, so he could not be prosecuted vicariously for an IPC offence.

Issues

  1. Whether the principle of res judicata applies in criminal proceedings, and whether a finding recorded by a competent criminal court in Section 138 NI Act proceedings binds the parties in a subsequent prosecution on the same issue.
  2. Whether the two-Judge decisions in Devendra v. State of U.P. and Muskan Enterprises v. State of Punjab, holding that res judicata has no application in criminal proceedings, conflict with the three-Judge decision in Pritam Singh v. State of Punjab and later decisions following it.
  3. Whether the Managing Director of a company can be prosecuted under Section 420 IPC for a transaction between two companies when the company is not arraigned as an accused and no specific allegation is made against him personally.
  4. Whether the High Court should have quashed the chargesheet and summoning order under Section 482 CrPC as the prosecution was a counterblast to concluded Section 138 proceedings.

Provisions considered

Held

Result

Appeal allowed. The High Court's order dated 28.04.2017 dismissing the Section 482 petition set aside; Criminal Case No. 7489 of 2002 pending before the Chief Judicial Magistrate, Ghaziabad, for the offence under Section 420 IPC quashed against the appellant.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 627.