Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 406, 409, 457, 380, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Summoning of additional accused - Offence u/ss 420, 406, 409, 457, 380 IPC and Ss.13(1)(d), 13(2) of P.C. Act - Prima facie evidence on record which make it a triable case against accused - All PWs have..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Secretary of a Sadhan Sahkari Samiti is not an agent of Government - No allegation that petitioner was agent of complainants - Offence u/s 409 IPC held, not made out against accused who is Secretary of a Sadhan Sahkari Samiti - Offence committed by accused at the most u/s 405 IPC punishable u/s 406 IPC -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........
Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409 -- Offence u/ss 13(1)(c), 13(2) of P.C. Act and S.409 IPC - Entrustment of amount with accused has been proved - Explanation offered by accused is that he entrusted the amount with temporary peon who deposited it in treasury - However, PW1 and PW2 specifically deposed that..........
Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Offence u/ss 409, 467, 468, 471 IPC - Reduction of sentence - Incident occurred in the year 1993 and accused already paid Rs.20,000 - Accused remained in custody for a period of 8 months and six days - While maintaining conviction of accused, sentence reduced to period already undergone...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
Criminal Procedure Code, 1973, Section 409(2) -- Recall of Sessions trial - S.409(2) Cr.P.C creates a bar on administrative power of Sessions Judge for recalling sessions trial after trial of case has commenced...........
