The Court came to the conclusion that it was a fit case where it should exercise its powers under Article 142 of the Constitution. The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by magistrate of the first class. Additionally, by allegedly claiming depreciation on the new machinery, which was never purchased, on the basis of forged invoices etc. The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by magistrate of the first class. The High Court, on 1.
The section requires that the offender must be a clerk, officer or servant or employed or acting in the capacity of a clerk, officer or servant. What is forgery for the purpose of harming reputation? It should be noted that the intention to cause injury is not an essential ingredient of the offence of forgery. Not making payment of the amounts mentioned against the names of the complainant in the acquaintance rolls but showing them in the cash book as paid was held to be a deliberate act on the part of the accused. The period for the bail cannot be defined. Bar of limitation under Section 468 Cr. Learned counsel pointed out that the charge against public servant under Section 13 1 d i ii has abated on his death, consequently, it would not be possible for the Special Judge to try any offence as against the respondents, since both are intrinsically interlinked.
Section 482 of the Cr. We may now examine the facts in Criminal Appeal No. The trial in a warrant case starts with the framing of charge; prior to it, the proceedings are only an inquiry. Suri, Sushil Suri and Smt. Exclusion of time in certain cases Section 470 of Code of Criminal Procedure As per Section 470 1 of Code of Criminal Procedure in computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
What is making a false document? On being so summoned, the appellant filed the afore-stated petition under Section 482 of the Cr. Using as genuine a forged document — Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document. Basant, learned senior counsel appearing for the appellant in Criminal Appeal No. Before embarking on an evaluation of the rival submissions, it would be instructive to briefly notice the scope and ambit of the inherent powers of the High Court under Section 482 of the Cr. He also prayed for setting aside the charges in view of the death of the sole public servant. For complete classification of this Act to the Code,Short Title note set out under and Tables. The Special Judge also could not frame any charge against non-public servants.
What is Forgery of record of court or of public register, etc? In view of the foregoing discussion, we do not find any merit in this appeal and it is dismissed accordingly. In present case, the sole public servant died during the pendency of this case. Prior to that the proceedings are only an inquiry. Extension of period of limitation in certain cases- Section 473 of Code of Criminal Procedure As per section 473 of Code of Criminal Procedure notwithstanding anything contained in the foregoing provisions of this chapter, any court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied of the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. The legal position is also settled by the Judgment of this Court in Vivek Gupta v. What, however, remains is the fact that certain documents were alleged to have been created by the appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. If the prosecution were to establish forging of the documents and intending to use such forged documents for the purpose of cheating, then only the accused is liable for being convicted.
Section 105 of the Comprehensive Environmental Response, , andAct of 1980, referred to in subsec. 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. Suri, Sushil Suri and Smt. Section 468 does not require that the accused should commit the offence of cheating. The offence under Section 468 is cognizable but warrant should issue.
Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed. Bail depends on a number of factors. Section 10 deals with punishment for abetment by a public servant of offences defined in Sections 8 and 9. . What is material for Section 468 is committing forgery with the intent to use the forged document for the purpose of cheating. But in some cases there are provisions of exclusion of time.
Conspiracy to commit a crime itself is punishable as a substantive offence and every individual offence committed pursuant to the conspiracy is separate and distinct offence to which individual offenders are liable to punishment, independent of the conspiracy. Further, upon discovery of any error or omissions, we may delete, add to, or amend information on this website without notice. Flexon Hose and Engineering Co. If the offence is punishable with fine only, the period of limitation is six months and if the offence is punishable with imprisonment for a term less than 1 year, the limitation period is one year In case of the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is 3 year. It depends upon the intention of the accused at the time of inducement which may be judged by his subsequent conduct but for this subsequent conduct is not the sole test. It says that whoever commits forgery with the intention that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine.
See: Suresh Chandra Bahri Vs. Having examined the case in light of the allegations in the Chargesheet, we are of the opinion that the view taken by the High Court in the matter cannot be flawed and deserves to be affirmed. Sections 511 and 528 of that Act are classified to sections and , respectively, of Title. 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. The Special Judge is also empowered to try under Section 3 1 b any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause a.
Therefore, the Chargesheet against him cannot be quashed. As already indicated, under sub-section 3 of Section 4, when trying any case, a Special Judge may also try any offence other than the offence specified in Section 3 and be charged in the same trial. In the final analysis, we hold that merely because the dues of the bank have been paid up, the appellant cannot be exonerated from the criminal liability. We may first deal with the facts in Criminal Appeal No. Bar of limitation under Section 468 Cr. Title V of that Act is classified generally to subchapter V § 1251 et seq. Accordingly, the examination-in- chief of 8 prosecution witnesses was recorded on different days.