Vinod Kumar vs. State Of Hp And Another
Held
The Court held that the allegations in the FIR prima facie disclosed fraudulent and criminal intent, not a mere contractual dispute. The existence of an indemnity clause did not preclude criminal prosecution for cognizable offenses like cheating and forgery.
Facts
The petitioner was an agent supplying MS scrap to a company. The company alleged that the petitioner used forged documents and bogus transactions through non-existent firms, leading to financial loss and demands from GST authorities. The petitioner sought to quash the FIR, claiming the dispute was civil.
Key Issues
Whether the allegations in the FIR disclose a criminal offense or a purely civil dispute, and if criminal proceedings constitute an abuse of process.
Sections Cited
Section 420, Section 406, Section 120-B IPC, Section 318(4) BNS, Section 316(2) BNS, Section 61(2) BNS, Section 528 BNSS, Section 482 Cr.PC
AI-generated summary — verify with the full judgment below
2026:HHC:36684
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.102 of 2025 Judgment reserved on: 18.08.2026 Date of Decision: 26.08.2026 _______________________________________________________ Vinod Kumar
…….Petitioner
Versus State of H.P. & another
…..Respondents _______________________________________________________ Coram:
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 Yes.
For the petitioner: Mr. B.S.Chauhan, Senior Advocate with Ms.
Aditi Rana, Advocate.
For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan Deputy Advocate General, for the respondent-State.
Mr. Karan Singh Kanwar, Senior Advocate with Ms. Upasana, Advocate, for respondent No.2. _______________________________________________________ Sandeep Sharma, Judge(oral):
Through instant petition filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, prayer has been made on behalf of the petitioner for quashing of FIR No. 0059/2022, dated 02.06.2022, under Sections 420, 406, and 120-B of IPC (corresponding t
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Himachal Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.