Helios & Matheson Information Technology Ltd. & Ors. vs. Rajeev Sawhney & Anr. (SC)

Penal Code, 1860–Secs. 417, 420, 465, 467, 468, 471, & 120-B–Private complaint–Cognizance for the offense on the ground of allegation made of the complainant that the petitioners entered into a conspiracy to defraud him by fabricating the resolution of Board of petitioner’s company–View of Sessions Court that the act was consented by complainant hence no case of cheating was made out–Order of taking cognizance was set aside by Sessions Court–High Court set aside the order of Sessions Court and remanded the case to trial Court–Whether justified?–View of High Court that the photocopies of documents produced by petitioners for the first time for their defense could not be entertained by revisional Court and such could not be a ground for setting aside the order of trial Court–View upheld–No error is found in the impugned order of High Court–Petitioners can set up their defense before trial Court at an appropriate stage.