SC Reinstates Criminal Trial in Forgery Case Involving Government Tender.


06 August 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Forgery >> Criminal Law  

In these appeals of Dharambeer Kumar Singh v/s The State of Jharkhand & Another, the appellant, who is the original complainant, challenged a decision by the High Court of Jharkhand that quashed a summoning order and the criminal proceedings against the respondents. The case revolves around allegations of forgery and fraud in securing a government contract under the Jinjoyi Irrigation Scheme in Palamau, Jharkhand.

The appellant, who worked as a subcontractor, filed an FIR against M/s SS Infrastructure Co and its partners, accusing them of submitting forged documents to win the contract, which had a value of over ?35 crore. The key allegation was that the company falsely inflated its experience to qualify for the tender. The complainant also claimed the company owed him payment for work done.


 

 

After an investigation, the trial court issued a summoning order in 2022, stating that there was sufficient evidence of document forgery and other criminal activities. However, the High Court quashed the summoning order and proceedings, reasoning that the appellant himself was involved in fabricating documents, casting doubt on the credibility of his claims.

The Supreme Court, after reviewing the case, found that the High Court had overstepped its jurisdiction by delving into disputed factual matters, which should only be resolved at trial. The Court emphasized that at the summoning stage, the trial court should only determine whether a prima facie case exists, not assess the merits of the case in detail.

The Supreme Court ruled that the respondents, who benefited from the forged documents, should face trial. It remanded the case back to the trial court for further proceedings, while keeping the defenses of the parties open to be considered during trial.