Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1972 (3) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1972 (3) TMI 109 - SC - Indian Laws

Issues:
Allegations of conspiracy to commit breach of trust and falsification of accounts - Dismissal of complaint under Section 203 Criminal Procedure Code - Revisional jurisdiction of the High Court - Scope of power to dismiss a complaint under Section 203 Criminal Procedure Code.

Analysis:
The case involved allegations of conspiracy to commit breach of trust and falsification of accounts by the accused individuals. The complaint was initially dismissed by the Chief Presidency Magistrate under Section 203 of the Criminal Procedure Code. The Magistrate based the dismissal on various grounds, including the belief that the prosecution case was demolished due to the mention of one or two former employees in the pay-sheets. However, the High Court, in exercising its revisional jurisdiction, found the dismissal improper as it contained a premature verdict on the case's merits. The High Court highlighted that the dismissal was based on probabilities and surmises rather than a thorough examination of the evidence. The High Court set aside the dismissal order and directed further inquiry into the matter.

The accused individuals appealed to the Supreme Court against the High Court's decision. The Supreme Court upheld the High Court's ruling, emphasizing that the order of dismissal by the Chief Presidency Magistrate was premature and based on misconceptions. The Court clarified that the dismissal of a complaint under Section 203 of the Criminal Procedure Code should be grounded on judicially sound reasons, indicating that the proceedings cannot lead to a conviction. The Court stated that the mere presence of some grounds for acquittal does not warrant a dismissal at the initial stage. Instead, such grounds may necessitate further investigation to ascertain the truth. The Court concluded that the dismissal of the complaint was unwarranted, and the case should proceed for a comprehensive inquiry.

In summary, the Supreme Court affirmed the High Court's decision to set aside the dismissal of the complaint and ordered further investigation into the allegations of conspiracy and falsification of accounts. The Court clarified the criteria for dismissing a complaint under Section 203 of the Criminal Procedure Code, emphasizing the need for a thorough examination of evidence before reaching a decision on the case's merits.

 

 

 

 

Quick Updates:Latest Updates