SHARAT BABU DIGUMARTI Vs. GOVT. OF NCT OF DELHI
SUPREME COURT OF INDIA
Sharat Babu Digumarti
GOVT. OF NCT OF DELHI
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DIPAK MISRA, J. -
(1.) Leave granted.
(2.) The appellant along one Avnish Bajaj and others was arrayed as an accused in FIR No. 645 of 2004. After the
investigation was concluded, charge sheet was filed before the
learned Metropolitan Magistrate who on 14.02.2006 took
cognizance of the offences punishable under Sections 292 and
294 of the Indian Penal Code (IPC) and Section 67 of the Information Technology Act, 2000 (for short, "the IT Act")
against all of them. Avnish Bajaj filed Criminal Misc. Case No.
3066 of 2006 for quashment of the proceedings on many a ground before the High Court of Delhi which vide order dated
29.05.2008 came to the conclusion that prima facie case was made out under Section 292 IPC, but it expressed the opinion
that Avinish Bajaj, the petitioner in the said case, was not
liable to be proceeded under Section 292 IPC and, accordingly,
he was discharged of the offence under Sections 292 and 294
IPC. However, he was prima facie found to have committed
offence under Section 67 read with Section 85 of the IT Act
and the trial court was directed to proceed to the next stage of
passing of order of charge uninfluenced by the observations
made in the order of the High Court.
(3.) Being grieved by the aforesaid order, Avnish Bajaj preferred Criminal Appeal No. 1483 of 2009. The said appeal
was tagged with Ebay India Pvt. Ltd. v. State and Anr.
(Criminal Appeal No. 1484 of 2009). The said appeals were
heard along with other appeals that arose from the lis relating
to interpretation of Sections 138 and 141 of the Negotiable
Instruments Act, 1881 (for short, "NI Act") by a three-Judge
Bench as there was difference of opinion between the two
learned Judges in Aneeta Hada v. Godfather Travels and
Tours (P) Ltd.(2008) 13 SCC 703
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