Authority: Supreme Court of India, Criminal Appellate Jurisdiction (Justices K.V. Viswanathan & Arun Palli)

Order Date: 08 October 2026

Case Overview

  • Parties: Appellant Sunita Namchoom (daughter of the deceased complainant Meohou Namchoom); Respondents: State of Arunachal Pradesh and individual respondents No.2 and No.3.
  • FIR Details: FIR No.08/2021 dated 22 April 2021, registered at P.S. Chongkham, District Namasai, Arunachal Pradesh, alleges offences under IPC Sections 120‑B (criminal conspiracy), 418 (cheating by person in authority), 423 (dishonest misappropriation) and Section 3(1)(p) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
  • Background: The FIR arose from an alleged fraudulent email sent on 10 April 2021 from the complainant’s email account (namchoom1945@gmail.com) without his knowledge, purportedly resigning him from M/s Chowkham Saw and Veneer Mills Pvt. Ltd. The company, in which the complainant and his daughter held 58 % shareholding, was to induct the daughter as Director, but the alleged resignation email caused the complainant to be logged out of the Ministry of Corporate Affairs portal.
  • High Court Action: The Gauhati High Court, in judgment dated 25 September 2024 (Case No. Crl.Petn./117/2021), quashed the FIR, reasoning that the dispute pertained to company management under Chapter‑XIV of the Companies Act, 2013 and that the FIR did not disclose a cognizable offence.
  • Supreme Court Findings: The Supreme Court held that the High Court erred in concluding that criminal prosecution is barred by the availability of civil remedies; the FIR need not enumerate the entire prosecution case. The presumption of no evidence due to the three‑year delay in filing a charge‑sheet was deemed conjectural.

Final Outcome

  • The Supreme Court set aside the High Court’s judgment and order, thereby reinstating FIR No.08/2021.
  • The police investigation shall continue; the investigating officer may file a charge‑sheet if evidence is gathered.
  • Respondents No.2 and No.3 shall not be arrested pending investigation, provided they cooperate and furnish a personal bond of Rs 25,000 each and two sureties of the same amount each to the satisfaction of the Investigating Officer.
  • The appeal is allowed; any pending applications are disposed of.
  • The order was digitally signed by Shubham Soni on 15 October 2026 at 18:33:35 IST (signature not verified) and recorded by Court Masters (SH) and (NSH).

Topics: Court Proceedings, Criminal Law, Corporate Governance