Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - There is no vicarious liability in criminal law upon directors of a company, when offence is committed by company - A director of a company can be made an accused along with company only if there is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of summoning order - Misappropriation of Streedhan - Prima face case is made out against accused as per material on record and looking into facts of case - Disputed question of fact cannot be adjudicated upon u/s 482 Cr.P.C - Petition dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379, 406, 420, 120B -- Bail - Offence u/ss 379, 406, 420, 120-B IPC - FIR outcome of a monetary dispute between parties - Petitioner has no concern with Sharma Agro wherein machinery was alleged to have been concealed - Petitioner is in custody for over 5 months and out of 13 witnesses only one..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Complainant could not bring home case against accused by leading evidence proving commission of alleged offences beyond all manner of doubt - Two Courts below have recorded concurrent findings of fact in this regard - No infirmity found in said findings - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 406 -- Misappropriation of Istridhan - Gifts given at the wedding do not fall within terminology of Istridhan - Only articles which are given to bride for her exclusive use after marriage fall under such a head...........
Indian Penal Code, 1860, Section 406, 498A, 506 -- Misappropriation of Istridhan - Cruelty - Criminal intimidation - Vague allegations were made by wife that dowry article are lying in custody of i, laws who did not allow her to use and misappropriated it, particularly when accused are residing in two distinct and different towns - Even no single instance of substantive..........
Indian Penal Code, 1860, Section 304B, 498A, 406, 302, 201, 34, Evidence Act, 1872, Section 138 -- Offence u/ss 304B, 498A, 406, 302, 201, 34 - Re-examination of witnesses - Failure by Public Prosecutor - Such omission by public prosecutor only amounts to lapse on his part and does not affect the case of prosecution, when corroborated with other evidence available on..........
Indian Penal Code, 1860, Section 498A, 406, Evidence Act, 1872, Section 3 -- Cruelty - Appreciation of evidence - Appeal against acquittal - There is no specific instances of cruelty suffered by deceased at the hands of her-in-laws which were continuous thus, there is no live link between demand so made by accused persons and death of deceased - Trial Court rightly..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Breach of contractual obligation normally do not give rise to criminal offence - Civil dispute between parties is sought to be converted into a criminal case - FIR and all subsequent proceedings qua petitioners quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 406, 506, 498A -- Anticipatory bail - Offence u/ss 323, 406, 506, 498-A IPC - Admittedly, petitioner has joined the investigation, though recovery of some gold articles is yet to be effected from him, which is probability a debatable issue and the same may not be an impediment for grant of..........
