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Showing posts with label 420. Show all posts
Showing posts with label 420. Show all posts
Saturday, July 26, 2014

Quashing of private complaint under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 IPC. - stop the payment of cheques as those are stolen- but Bank Manger received the cheque without intimation - the complainant received cheque bounce notices - High court dismissed the petition under sec.482 - Apex court held that It is no doubt true that the Courts have to be very careful while exercising the power under Section 482 Cr.P.C. At the same time we should not allow a litigant to file vexatious complaints to otherwise settle their scores by setting the criminal law into motion, which is a pure abuse of process of law and it has to be interdicted at the threshold. A clear reading of the complaint does not make out any offence against the appellant/Branch Manager, much less the offences alleged under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 I.P.C. We are of the view that even assuming that the Branch Manager has violated the instructions in the complaint in letter and spirit. It all amounts to negligence in discharging official work at the maximum it can be said that it is dereliction of duty.In view of our above discussion, we have come to an irresistible conclusion that continuation of the criminal proceedings against the appellant for commission of the alleged offence under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 I.P.C. is a pure abuse of process of law and the complaint case deserves to be quashed in the interest of justice.We accordingly allow this appeal setting aside the impugned judgment of the High Court by quashing the criminal proceedings pending against the appellant in C.C. No. 2397 of 2012 under Sections 34, 379, 411, 418, 420, 467, 458 and 477 I.P.C. on the file of Additional Chief Judicial Magistrate, Ghaziabad, Uttar Pradesh.= RISHIPAL SINGH … APPELLANT VERSUS STATE OF U.P. & ANR. … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41732

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  Quashing of private complaint under Sections  34, 379, 411, 417, 418, 420, 467, 458  and  477  IPC. - stop the payment of cheques as tho...
Friday, February 7, 2014

Sections 120-B, 420, 467, 468, 471 IPC and sec. 3,4,5 of P.C. Act -Jurisdiction of Special court on the death of public servant against non-public servants- against public servant and non-public servant - after framing charges - public servant died - can the court proceed against the non public servant under P.C. Act - Apex court held that the lower court correctly forward to the Chief Metropolitan Magistrate for trying the case in accordance with law as it lacks jurisdiction due to the death of public servant = State through CBI New Delhi .. Appellant Versus Jitender Kumar Singh .. Respondent = 2014 ( Feb.part)judis.nic.in/supremecourt/filename=41202

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Sections  120- B, 420, 467, 468, 471 IPC and sec. 3,4,5 of P.C. Act -Jurisdiction of Special court on the death of public servant against n...