Court : Andhra Pradesh
Reported in : 2004(2)ALD(Cri)200; 2003(6)ALT779
..... investigation from your end, the truth would not come out. in view of the above circumstances, we request you to take action on this complaint, register a case of theft, criminal conspiracy cheating and criminal breach of trust against the said directors/guarantors, mortgagors of m/s master pearls ltd., whose addresses are mentioned below. 1. a) the managing director,m/s master ..... other hand, amounts were diverted by floating another company by the same persons and in the same premises. thus, it is stated that there are ingredients of cheating, criminal breach of trust, theft and also conspiracy. unless these allegations are investigated into by the police, it is difficult to say that the reading of the complaint do not constitute a offence under ..... the bank. when a property was missing from the bank, after making preliminary inquiry, the bank was left with no other alternative except to lodge a criminal complaint to investigate with regard to the theft of the important loan documents. there are allegations against the petitioners that there is an intention at the inception itself, to cheat the bank and not to ..... , if a complaint discloses an offence as stated in the fir in the instant case, the police have to enquire whether there was any criminal breach of trust by the petitioners and the staff of the bank and theft and cheating. these are the matters to be investigated by the police. i am of the opinion that questioning of the fir is .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC2780; 2006(4)CTC60; JT2006(6)SC474; 2006(II)OLR(SC)659; RLW2006(4)SC3380; 2006(7)SCALE286; (2006)6SCC736
..... airport, coimbatore is against the terms of the hypothecation deed dated 01.5.1997 and 20.9.1997 will amount to theft, criminal breach of trust, and cheating which are offences punishable under section 378 (theft), 403 (dishonest misappropriation of property), 405 (criminal breach of trust), 415 (cheating), 425 (mischief) of the indian penal code. no notice was given to ioc in this ..... hypothecation deed dated 1.5.1997 as well as the terms of the agreement dated 20.9.1997 and will amount to offences punishable under section 378 (theft), 403(dishonest misappropriation of property), 405 (criminal breach of trust), 415 (cheating), 425 (mischief) of the india penal code. no notice was given to ioc in this regard.both the complaints also contain ..... entrustment of the aircrafts or entrustment of the dominion over the aircrafts by ioc to nepc india. the very first requirement of section 405, that is the person accused of criminal breach of trust must have been 'entrusted with the property' or 'entrusted with any dominion over property' is, therefore, absent.22. learned counsel for the appellant, however, sought to ..... 20. the question directly arose for consideration in central bureau of investigation v. duncans agro industries ltd. calcutta : 1996crilj3501 . it related to a complaint against the accused for offences of criminal breach of trust. it was alleged that a floating charge was created by the accused debtor on the goods by way of security under a deed of hypothecation, in favour .....Tag this Judgment!
Court : Allahabad
Reported in : 2001(1)AWC806
..... 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death ; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating or of having dishonestly received or retained or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same ..... (25) of article 366 of the constitution.'7.11. under the scheme as envisaged under the provisions of the code of criminal procedure read with provisions of the indian penal code, the jurisdiction to adjudicate in relation to act of theft stand vested in a chief judicial magistrate/judicial magistrate and not in the district magistrate/collector, muzaffarnagar. respondent no. 1 who ..... and this writ petition be allowed with costs. he highlighted that under the relevant provisions of the code of criminal procedure, it is only a judicial magistrate who is vested with the powers to act in relation to a penal act of alleged theft.5.2. on being asked by us, smt. sarita singh, the learned standing counsel, could not show that ..... under the provisions of the code of criminal procedure or under any other statute, the collector/district magistrate, muzaffarnagar was vested with jurisdiction to pass .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2005(3)ALD752
..... on the allegations that by misusing his official capacity, he trespassed into the bank premises during the intervening night of 16/17.11.2002 and committed serious crimes such as theft, criminal misappropriation and breach of trust. thereupon, the first respondent reported the matter to the nellore police and consequently the petitioner was arrested and committed to judicial custody by the magistrate ..... with to some extent in the presence of the petitioner and the presenting officer, zonal office, chennai. the petitioner had raised objections during the said enquiry that since the criminal case is pending against him, the domestic enquiry cannot be proceeded with. though the same was initially sought to be accepted but later on the enquiry officer proceeded in a ..... regulations, therefore, it is open to the respondents to proceed with the domestic enquiry. it is further submitted that the allegations are quite serious nature and necessarily it contemplates both criminal action as well as domestic disciplinary action. hence, there are no merits in the writ petition and the same is liable to he dismissed.6. sri jayanthi s.c. ..... there is a commencement of trial and thus under the aforesaid clause, no disciplinary action can be proceeded with nor any enquiry can be conducted till the completion of the criminal case, therefore, the respondents action in proceeding with the enquiry in spite of the objections specifically raised in this regard, is wholly un-sustainable and in the teeth of .....Tag this Judgment!
Court : Chennai
..... from the hundiyal collections and requested the temple authorities to pardon him. immediately, he was placed under suspension and show cause notice was also issued to him. regarding the theft, criminal case in c.c.no.775/2000 on the file of 17th metropolitan magistrate, saidapet was registered and the same ended in acquittal, however the disciplinary proceedings continued. ..... petitioner was suspended on 30.1.1997. police complaint was given on 30.1.1997 against the petitioner for the theft committed by him and petitioner was arrested on the same day. petitioner gave his explanation on 27.10.1997. criminal case in c.c.no.775/2000 on the file of 17th metropolitan magistrate, saidapet, chennai ended in acquittal ..... case, there was no such application of mind and therefore, continuation of disciplinary proceedings is not justifiable.10. in response, learned counsel for 3rd respondent has submitted that criminal case ended in acquittal mainly because of non-examination of material witnesses like joint commissioner-dhanapal and temple superintendent-subbarajan who searched the petitioner. as rightly pointed out by ..... [vide air 2007 sc 199 (suresh pathrella v. oriental bank of commerce) and air 2007 sc 1161 (noida entrepreneurs assn. v. noida and others)].13. as pointed out earlier, criminal case ended in acquittal mainly because of non-examination of material witnesses. but in the disciplinary proceedings (i) p.dhanapal, jt. commissioner & fit person; (ii) subbarajan, superintendent; (iii .....Tag this Judgment!
Court : Chennai
Reported in : 1965CriLJ826
..... appeals to me is that this section is not intended to punish such bona fide persons, who offer to help the owner to recover property which he has lost by theft ; criminal misappropriation etc. it is intended, as mentioned earlier in this judgment, to deal with cases which are similar to collections in the nature of 'thuppukooli' made by the persons who ..... the law expects every honest citizen, to do in his situation namely to help in the prosecution of the person who has committed a cognizable and non-bailable offence like theft or an offence in regard to moveable property. for giving the section this significance-which in my view it is really interded to have-the first part has to be ..... -panukottai road with the bulls in his possession. these were the bulls which were identified by p. w. 1, the next morning at the police station. uthiraju was convicted of theft subsequently by the court. thereafter, the charge-sheet was filed against the present accused under section 215, i. p. c.3. the accused's plea was that the allegations of ..... , p. w. 1 and his brother-in-law, p. w. 2 went in search of the missing bulls. on the way they met the accused and informed him about the theft. the accused thereupon assured p. w. 1, that he need not fear and that if rs. 100 were paid to him, the bulls would be restored. p. ws. 1 and .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1960AP1
..... be acquitted if no appeals against acquittals were filed. these were:(a) a person is charged alternatively wi[h theft & criminal misappropriation. if the trial court finds that the man was in possession, it would acquit him of theft & find him guilty for criminal misappropriation, only. on appeal from conviction, if the appellate court comes to' the conclusion that the convict was ..... added that the verdict is binding and conclusive in all subsequent proceedings between the parties to the adjudication. the maxim res judicata pro veritate accipitur is no less applicable to criminal than to civil proceedings. here, the appellant having been acquitted at the first trial on the charge of having ammunition, in his possession,, the prosecution was bound to ..... but it could not convict of theft, because such an alteration would involve a reversal of the acquittal.. (b) a man is charged under section 325 ..... not in possession, it cannot convict him of criminal misappropriation on its finding that he was not in possession of the property misappropriated, .....Tag this Judgment!
Court : Chennai
..... that the finding of enquiry officer in ex.w7 is perverse and not supported by any evidence warranting interference by this court.16. in respect of theft, criminal case was registered against the petitioner in c.c.no.29/1994 on the file of judicial magistrate, omalur. in c.c.no.29/1994, ..... alone exercise the power under section 11-a of the act and reduce the punishment. ...."19. it is fairly well settled that criminal prosecution and departmental proceedings are different, distinct and independent and decision in one does not ipso facto result in decision in the other. the object of ..... the delinquent officer. it is well settled principle of law that the yardstick and standard of proof in a criminal case is different from the disciplinary proceeding. while the standard of proof in a criminal case is a proof beyond all reasonable doubt, the proof in a departmental proceeding is preponderance of probabilities [ ..... criminal trial is to punish the offender while the object of departmental action is to enforce discipline. it is therefore, incorrect to conclude that ..... learned counsel placed reliance upon (2009) 2 scc 570 [roop singh negi v. punjab national bank and others] and contended that acquittal by criminal court has to be taken into consideration. it is fairly well settled that in a disciplinary proceedings, standard of proof is not beyond reasonable .....Tag this Judgment!
Court : Kolkata Appellate
..... recorded by him found that there was genuine dispute between the complainant and the respondent in respect of the ownership and possession over the land where the alleged offence of theft, criminal tresspass and mischief was committed. he also observed that some civil suits were pending between the parties in respect of that property. this apart, the learned court also found that ..... by the learned trial court can not be interfered with simply on the ground that there was a genuine dispute regarding ownership and possession over the properties wherein the alleged theft, criminal tress pass and mischief took place.9) in order to attract an offence under section 379 i.p.c., the prosecution is to establish that the subject matter of ..... stating dispute as to the ownership and possession of the property wherein the alleged offence took place. there were many litigations between the complainant and the respondent, both civil and criminal, over that issue. mr. ghoshal also contended that there was inordinate delay in lodging the complaint. it was his submission that learned trial court appreciated the evidence properly and came ..... sub- divisional judicial magistrate, uluberia, on 28.1.1992 in case no. 212 c of 1989. the appellant herein is one brajabihari chakravarti who lodged a complaint and thereby initiated criminal action against the respondent no. 2 to 7 in the court of learned sub-divisional judicial magistrate, ulubaria. the respondent no. 1 is state of west bengal. the brief fact .....Tag this Judgment!
Court : Kerala
Reported in : 2010(2)KLT250
..... . the case of the prosecution can be summarised as follows:sometime during the night of 3.2.2000, the two accused persons in furtherance of their common intention to commit theft criminally trespassed into building no. iii/286 of pookkottukavu grama panchayat of ottappalam taluk belonging to the ottappallam taluk rubber marketing society by breaking open the shutter of the front room ..... in this connection, a decision by a division bench of the travancore high court in abhayagunavardhana v. state 1951 klt 261 wherein the scope of section 350 of the travancore criminal procedure code, 1117 m.e. corresponding to section 386 cr.p.c. was considered.7. the conviction concurrently recorded by the courts below is after a careful evaluation of the oral and ..... of the building and committed theft of robber sheets weighing one ton and worth rs. 26,000/- and also committed theft of cash worth rs. 28,000/- after breaking open the drawer of the table in which the same was kept. the accused have .....Tag this Judgment!