VidhiSangh

Supreme Court of India · 14/05/2025

SHRICHAND RAJARAM KUKREJA AND ANR. versus THE STATE OF MAHARASHTRA AND ANR.

[2025] 5 S.C.R. 696 · 2025 INSC 794

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Summary

An FIR under Sections 406, 420, 467, 468, 471 and 34 IPC lodged by a sub-contractor against the directors of the main contractor over unpaid bills for sewerage plant work, and the chargesheet filed on it, were quashed. The allegations, taken at face value, disclosed only a commercial dispute over the balance due under a contract after admitted part payment, the forgery allegation was unsubstantiated by the inconclusive handwriting report, and the High Court's direction for a wide investigation into the appellants' finances rested on conjecture not supported by the Section 173(2) report.

Issues

  1. Whether the FIR and chargesheet against the appellants disclosed the ingredients of any offence, or merely clothed a civil dispute over payment under a sub-contract in criminal colour.
  2. Whether the High Court was justified in refusing to quash the FIR and in directing extensive investigation into the appellants' other contracts and loans on the basis of suspected financial irregularities.

Provisions considered

Held

Result

Appeals allowed; High Court order dated 08.10.2018 set aside; FIR No. 443 of 2015 and all proceedings arising from it, including the chargesheet, quashed; liberty to the investigating agency to investigate any financial irregularities disclosed during the investigation; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 696.