Indian Penal Code, 1860, Section 420, 409, 406 - - Company - Vicarious liability - Complaint against company, its Managing Director, Company Secretary and 4 directors - Summoning order against Managing Director, Company Secretary and four directors quashed as (i) Witnesses examined by complainant did not specifically state as to which of the accused committed breach of..........
Criminal Procedure Code, 1973, Section 468(3), M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 5, 6, Indian Penal Code, 1860, Section 409 -- Cognizance of offence - Bar of limitation - Offences u/s.5 & 6 of the Act of 1982 and S.409 IPC - Contention that offence was registered in year 1985-86 and sanction was granted by Government in year 1999 and..........
Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 409, 465, 467, 471, 477-A, 120-B - Exoneration in disciplinary proceedings by itself is not a ground for quashing criminal proceedings...........
Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B, Criminal Procedure Code, 1973, Section 482 -- On the basis of forged bills BDPO cleared/passed the forged bills - Mere fact BDPO was a mere supervisory officer, ipso facto, is not a ground, much less cogent, to exonerate him at the initial stage of trial, particularly when prima facie, there is ample evidence..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B -- Public servant - Sanction for prosecution - Offence of misappropriation and cheating - Cannot be relatable and in connection with or in relation to discharge of official duty - For such illegal act, no sanction u/s 197 Cr.P.C. is at all necessary...........
Indian Penal Code, 1860, Section 408, 409 -- Misappropriation by an accountant - Offence falls u/s 408 and not u/s 409 IPC...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by a public servant - Ingredients are : (1) The accused must be a public servant; (2) He must have been entrusted in such capacity with property; (3) He must have committed the breach of trust in respect of such property...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Means dishonestly misappropriating the property or converting it to own use - It must be proved by the prosecution that accused dishonestly misappropriated the property or converted it to his own use or dispose of the property in violation of any direction or law...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420 -- Public servant - Prosecution without sanction - Legality - Held, in absence of any sanction no cognizance of the offence can be taken against revisionist on the basis of charge-sheet submitted against him before trial Court - Revisionist liable to be discharged - Revision allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409 -- Criminal trial - Delay and latches - Quashing of - Proceedings - Petitioner is accused of embezzlement of meager amount - Occurrence is of the year 1982 - Charge sheet was filed in the year 1993 - Investigating agency took about eleven years to finalize investigation - Charge was framed on..........
