The Delhi High Court dismissed a petition under Sections 482/483 CrPC seeking quashing of the summoning order for offences under Sections 406, 408, and 420 IPC, where the complainant, an NRI businessman deported from UAE, had entrusted his nephew (petitioner) with power of attorney to manage his business. The petitioner allegedly misused the authority to transfer company shares and siphon funds, including ₹47 lakhs, to his wife’s account. The Court held that since part of the offence occurred in India—where blank cheques were signed and powers executed—Section 188 CrPC (requiring Central sanction for offences committed abroad) did not apply. Upholding the Magistrate’s order, Justice Neena Bansal Krishna found prima facie material showing criminal breach of trust and cheating, and ruled that the summoning order suffered from no legal infirmity.
Criminal Procedure Code, 1973 (CrPC) — Section 188 — Offence committed outside India — Proviso to Section 188 not attracted if part of the offence was committed in India — Indian courts can try offences not committed entirely outside India, without prior sanction from the Central Government. (Paras 34, 35, 36, 37, 39)
Penal Code, 1860 (IPC) — Section 406, 408, 420 — Criminal Breach of Trust, Cheating — Prima facie case made out from complaint and evidence showing misuse of Power of Attorney and cheques, leading to siphoning of business funds — Accused also summoned for offence under Section 420 IPC, where part of cause of action arose within India. (Paras 56, 57)
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Allegations of conspiracy, cheating, and criminal breach of trust arising from misuse of Power of Attorney and financial assets, where part of the alleged offence occurred in India, warranting investigation and not dismissal of proceedings at the initial stage. (Para 39)
Penal Code, 1860 (IPC) — Section 420 — Cheating — elements of — to establish cheating, it is necessary to prove that the complainant suffered wrongful loss and the accused gained wrongful profit. (Para 17)
Criminal Procedure Code, 1973 (CrPC) — Section 156(3) — Dismissal of application — Application under Section 156(3) Cr.P.C. dismissed by the Magistrate. (Para 10)
Simardeep Singh Arora v. State (NCT of Delhi) & Anr, decided on : 11-11-2025