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Sep 03 2009 (HC)

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... as the case may be. the last, but not the least important question, is as to whether a juristic person, such as a company, can be prosecuted for offences of 'criminal conspiracy', 'criminal breach of trust' and 'cheating'. the last question brings us to the fundamental question and the question is if a company can be held to have mens rea, for, 'mens ..... used the expression 'whoever' while referring to the offender and not the word 'person'. only some sections, such as, the penal sections, contained in chapter 5, relating to abetment and criminal conspiracy, which have used the expression 'person', while defining as to what abetment means, or when a person can be said to have abetted the commission of an offence or what ..... 11,75,000 in favour of the accused federation, but the accused persons, instead of sending the goods, has misappropriated the said amount and thereby committed offences of criminal misappropriation, cheating and criminal conspiracy under sections 406/409/420/120b/34 of the ipc.5. before entering into the merit of these petitions, it is necessary to point out that the law with ..... rea' or criminal intent is one of the ingredients of the offences of 'criminal conspiracy', 'criminal breach of trust' and 'cheating'.13. before entering into the discussion as to whether the impugned order taking cognisance of offences aforementioned and directing issuance .....

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Aug 14 1998 (HC)

Central Bureau of Investigation Vs. Mulangi Krishnaswamy Ashok Kumar a ...

Court : Mumbai

Reported in : 1999(1)ALLMR126; 1999(2)BomCR771; (1998)3BOMLR228

..... 3 and 4 on the question of sentence.226. accused nos. 3 and 4 have, as set out above, been held guilty of offences of criminal conspiracy, criminal conspiracy to commit offences under sections 409 and 411 of the indian penal code and offences under section 13(1)(c) and 13(1)(d) read with ..... the personal bonds executed by accused nos. 1 and 2 to stand discharged forthwith.224. accused nos. 3 and 4 are held guilty of criminal conspiracy and criminal conspiracy to commit offences under sections 409, 411 indian penal code and offences under section 13(1)(c) and 13(1)(d) read with section ..... another v. state of uttar pradesh, : 1957crilj559 . in this case the supreme court held that as the offences were committed in pursuance of a criminal conspiracy or in pursuance of a common intention the appellants would be equally guilty of the substantive offences and would be liable to the same sentence.229. ..... unlike cases where it is alleged that an accused acted in furtherance of a common intention or where abetment is alleged in cases of a criminal conspiracy it was the prime necessity that the prosecution establish that there was meeting of minds, that a preconceived plan was hatched to do illegal acts ..... property stated therein.52. mr. ovalekar submits that when two persons agree to commit murder of some person they jointly commit an offence of criminal conspiracy against a third person who is intended to be murdered. he submits that similarly when two office-bearers of a college agree to take or .....

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Mar 16 1999 (HC)

Central Bureau of Investigation, Bank Securities and Fraud Cell Vs. Mu ...

Court : Mumbai

Reported in : 1999(3)BomCR189

..... karad ltd., bombay (bok), and metropolitan co-operative bank ltd. (mcb).2. the offences with which the accused in this case are charged principally consist of criminal conspiracy, criminal conspiracy to commit offences of cheating/of criminal breach of trust, forging of the documents and user of such documents under sections 120b, 420 and/or 409, 411, 467, 468, 477a of indian penal ..... he further submits that the evidence adduced has to be considered appreciated by applying rules of evidence as provided under section 10 of indian evidence act. offence being of criminal conspiracy.311. on careful consideration of all the submissions advanced for and against as also critical analysis and scrutiny of the evidence made available in this case it has to ..... , assessing and sifting the evidence made available by the prosecution in the background of various charges against the accused herein and particularly in view of there being charge of criminal conspiracy, against all the accused, has made reference to the evidence of accused no. 3 so made available. but this court has so done keeping and bearing in mind ..... . it is thought necessary to recapitulate nature of indictment/accusation against the accused of this case. the prosecution has alleged that the accused persons, in pursuance of the criminal conspiracy misrepresented the canfina through brs due to which canfina parted with the amounts being amounts involved in the said three impugned transactions to bok on the basis of false documents .....

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Mar 13 1956 (SC)

Bimbadhar Pradhan Vs. the State of Orissa

Court : Supreme Court of India

Reported in : AIR1956SC469; 22(1956)CLT276(SC); 1956CriLJ831; [1956]1SCR206

..... their trial before the assistant sessions judge of sambalpur for offences under sections 120-b, 409, 477-a and 109, indian penal code with having committed the offences of criminal conspiracy, criminal breach of trust in respect of government property, and falsification of accounts with view to defraud the government. the appellant was the district food production officer in sambalpur and ..... counsel for the appellant that the high court having acquitted him in respect of the two substantive charges of criminal breach of trust and of falsification of documents he should not have been convicted of the offence of criminal conspiracy because the conspiracy was alleged to have been for those very purposes. it is a sufficient answer to this contention to say ..... it is enough if the indictment states that the accused along with other persons unknown had committed the offence of criminal conspiracy. though the statute law in india does not make it obligatory that the persons concerned in the crime of criminal conspiracy should be specifically named along with the person or persons charged in a particular trial, it is always advisable ..... -a, indian penal code. the naming of the section is, under sub-section (5) of section 221, code of criminal procedure, equivalent to a statement that every legal condition required by law to constitute the offence of criminal conspiracy charged against the appellant was fulfilled. section 222 of the code requires that the particulars as to the time and place of .....

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Jul 20 1962 (HC)

Nair (G.V.) Alias Vasudevan Nair (G.) and anr. Vs. Government of India ...

Court : Kerala

Reported in : (1962)IILLJ301Ker

..... section 5(8) of the act and the accused can be found guilty under section 5(2) the act solely on such presumption.77. turning now to the charge of criminal conspiracy, section 120a of the penal code provides that when two or more persons agree to do, or cause to be done, an illegal act or an act which is not ..... commit the offence of forgery and using forged documents, offences which are non-cognizable, sanction under section 196a was imperative.48. we cannot agree. where the main object of criminal conspiracy was to commit criminal misappropriation, an offence punishable under section 409, indian penal code, or section 5(2) of the prevention of corruption act and when that was the dominant object of ..... and various documents were exhibited in the case.6. when questioned on the prosecution evidence, both the accused denied the commission of the offence. they denied the existence of any criminal conspiracy and stated that all the amounts covered by the vouchers had really been paid to the concerned persons, that the vouchers were in fact executed by them, that no amounts ..... p. govinda menon, j.1. these appeals are by accused 1 and 2 against the judgment of the special judge, trichur, convicting both the accused of the offence of criminal conspiracy punishable under section 120b, indian penal code, the accused 1 under section 5(2) read with section 5(1)(c) and (d) of the prevention of corruption act (act 2 .....

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Feb 19 2013 (HC)

Jagtar Singh (Bdpo) Vs. State of Punjab

Court : Punjab and Haryana

..... facie evident that petitioner gurdarshan singh was working as ddpo, bathinda and petitioner jagtar singh was working as bdpo, tawandi sabo at the relevant time when the offence of criminal conspiracy, criminal breach of trust, forgery, use of forged documents as genuine and falsification of record for the purpose of cheating etc. was committed. panchayat land of village phullo khari ..... in the concurrent findings contained in the impugned summoning order/charge sheet/judgment (annexures p4 to p6) of the courts below.30. meaning thereby, if the nature of accusation of criminal conspiracy, cheating, mis-appropriation, material evidence, legal position and totality of the facts and circumstances of the case, as discussed here- in-above, are put together, then, to ..... o&m) 4 of events in detail as contained in the final police report, in all, the prosecution claimed that petitioner along with his other co-accused hatched a criminal conspiracy, cheated, misappropriated the huge amount of the gram panchayat, prepared the false record/bills committing forgery for the purpose of cheating, used the forged bills/documents as genuine ..... charge against the accused has committed any illegality or error. at this stage, it cannot be presumed that the offence in question of criminal conspiracy and falsification of record for the purpose of committing criminal breach of trust and forgery etc. was committed by the accused while performing official duty as public servant or that sanction under crm not .....

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Dec 20 1986 (SC)

Sheonandan Paswan Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1987SC877; 1987CriLJ793; JT1986(1)SC832; 1986(2)SCALE1099; (1987)1SCC288; [1987]1SCR702

..... r.k. srivastava, minister of cooperation and he made an endorse- ment on the file on 31st january 1975 pointing out various instances of criminal conspiracy criminal breach of trust and misappropriation of public funds which had come to light against the directors of the cooperative bank and sent the file to dr ..... .4 (jiwanand jha) are concerned it cannot be forgotten that they have been arraigned alongwith respondent no. 2 on a charge of criminal conspiracy in pursuance whereof the several offences are said to have been committed by all of them. further it is obvious that the principal beneficiary of the ..... , cooperative societies. the law de- partment recorded its opinion in the relevant file on 18th november 1974 that a prima facie case of conspiracy and criminal breach of trust was made out against the loanees and the office bearers of the cooperative bank. on the basis of this opinion, a ..... of surcharge) was conferred on nawal kishore sinha and others. if respondent no. 2 has to face the trial then in a case where conspiracy has been charged no withdrawal can be permit- ted against respondent no. 3 and respondent no. 4. in arriving at the conclusion that paucity ..... dated 4th november 1974 to the secretary, cooperation pointing out that, according to the audit reports, prima facie charges of defalcations, embezzlement of funds, conspiracy etc. were made out against the officials of the cooperative bank and legal action should be taken against them after taking the opinion of the .....

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Jul 26 2004 (HC)

M.S. Banga Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : (2004)3CALLT1(HC),2005(1)CHN92

..... who are at draggers drawn came to be acquainted on the basis of contractual rights and obligations. a plain reading of the complaint does not disclose ingredients of offences of criminal conspiracy, criminal breach of trust and cheating alleged to have been committed by the petitioner. the complaint also does not disclose what role was played by the petitioner with regard to ..... from initial deception. according to him there is practically no whisper against the present petitioner that he had committed any breach of trust not to speak of anything about criminal conspiracy as enumerated in section 120b of indian penal code. it is also submitted that there is no ingredient to implicate the present petitioner with the offence under section 406 ..... submitted by the learned advocate mr. roy that considering the facts and circumstances, the application filed by the petitioner praying for quashing the proceedings under section 482 of code of criminal procedure should be dismissed, as it has no merit.10. learned advocate mr. roy further submitted that when charge-sheet has been submitted in this case this court should ..... against the present petitioner by the learned sdjm burdwan should be held illegal and this court should quash the proceeding against the present petitioner under section 482 of code of criminal procedure because continuation of the proceeding against the petitioner would be sheer abuse of the process of court. learned advocate mr. ghosh in support of his contention relied upon .....

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Mar 27 2003 (HC)

K. Jayaprakash Ram and ors. Etc. Vs. Addl. Director General of Police, ...

Court : Andhra Pradesh

Reported in : 2003(2)ALT(Cri)233; 2003CriLJ2835

..... against are under sections 120-b, 420, 409, 468 and 477-a, ipc. a mere reading of the complaints would prima facie disclose offences of criminal conspiracy, criminal breach of trust, fraud and cheating.35. since i have held above that vasavi bank is not a 'banking company' within the meaning of section ..... and 406, ipc and sections 3 and 5 of act 17 of 1999, inter alia alleging that the directors of vasavi bank committed offences of criminal conspiracy and criminal breach of trust. accused in those crimes filed the present petitions as aforesaid.4. learned senior counsel, sri s. ramachandra rao, appearing on ..... concerned act, providing efficacious redress for the grievance of the aggrieved party.(7) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused ..... 6) where there is an express legal bar engrafted in any of the provisions of the code of the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceeding and/ or where there is a specific provision in the code or the ..... bank, hyderabad, hereinafter to be referred to as 'vasavi bank' for the sake of brevity, lodged a report with the additional director general of police, criminal investigation department, hyderabad, which was registered as crime no. 8/2003 under sections 120-b, 420, 409, 468, 477-a of the indian penal .....

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Apr 21 2004 (HC)

Mohd. Afzal Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2004CriLJ3461; 111(2004)DLT467; 2004(74)DRJ454

..... in the year 1990 at the age of about 19 years and was involved in 18 criminal cases, enlisted in the grounds, such as voluntarily causing hurt, criminal intimidation, riots, house-trespass, obstructing public servants from discharging their official duties, criminal conspiracy, criminal confinement, kidnapping, attempt to murder and murder. he was also involved in the offences punishable under ..... the arms act and prevention of damage to public property act. out of the said 18 criminal cases registered against him, the petitioner has been acquitted/discharged in most ..... the case of the petitioner is that there was absolutely no cogent material before the detaining authority to form the requisite belief that the petitioner was indulging in criminal activities which were prejudicial to the maintenance of public order and unless prevented, he would indulge in similar activities in future. learned counsel has also contented that ..... person of desperate and dangerous character and a menace to the society. the detaining authority is justified in forming the belief that the results in the trials in criminal cases were because of his dangerous character as even the persons directly affected were not coming forward to give evidence against him. we have, thereforee, no .....

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