Indian Penal Code, 1860, Section 471, 201 -- Offence u/ss 471, 201 IPC - Four persons were sitting in the vehicle in question having fake number plate - Trial Court acquitted three co-accused except accused - Case of accused cannot be distinguished from other co-accused - Moreover, accused was not driving the vehicle and he was merely a passenger - No evidence on record as..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468 -- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing..........
Indian Penal Code, 1860, Section 420, 489B, 489C, 489D, 34 -- Cheating - Using fake currency notes as genuine - Reduction of sentence - Evidence on record that accused committed offence - However, accused are not the master minds but are mere carriers used to exchange the counterfeit notes - Accused are very poor and they are daily wagers and rickshaw pullers - Since all..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Offence u/ss 3, 4 of PMLA - Huge cash to the tune of Rs.31.75 crores was deposited in eight bank accounts by accused - No explanation as to why demand drafts for said amount were issued in name of fake people - Accused failed to show from which legal source cash was..........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Possession of fake currency notes - Appreciation of evidence - Evidence of PW9 clearly establishes that currency notes seized from custody of accused were fake currency notes - Even, when accused found that police personnel were coming they ran away, which shows that accused were having knowledge that..........
Motor Vehicles Act, 1988, Section 149 -- Insurance Policy - Additional evidence - After closing of evidence - Once stand of Insurance Company was of denial of issuance of policy, Tribunal should have afforded reasonable opportunity to Company to establish factum of fake and forged document on record - Procedural vagrancies should not be invoked to thwart cause of justice..........
Motor Vehicles Act, 1988, Section 149 -- Insurance Policy - Additional evidence - After closing of evidence - Stand of insurance company that insurance policy was never issued - If insurance policy was not issued by Company, then it amount to fraud - Since fraud vitiates all solemn acts, therefore, alleged fact has to be demonstrated and proved on record by giving adequate..........
Indian Penal Code, 1860, Section 420, 489B, 489C, 120B -- Fake currency notes - Independent witnesses - Some independent witnesses not examined and those examined turned hostile - Contradictions in the testimonies of official witnesses - Omissions and discrepancies are apparent in the investigation of case - Prosecution story doubtful - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 420, 489B, 489C, 120B -- Cheating - Fake currency note - Independent witnesses of case have gone hostile and those independent witnesses who were examined in Court have not supported prosecution case - Contradictions in the testimonies of official witnesses - Omissions and discrepancies are apparent in the investigation of case -..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fake encounter or death caused by torture by police officers - Prima facie version of prosecution is found to be correct that since it is a case of fake encounter there is no requirement of sanction - However, it would be open to accused persons to adduce evidence in defence and to submit such other..........
