1970 (4) TMI 78

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..... s a revision petition against the order of the Sessions Judge, Hoshiarpur, dated 2nd March, 1968, upholding the order of the Judicial Magistrate, First Class, Hoshiarpur, dated 1st February, 1967. The facts giving rise to this revision petition are that Amar Nath, respondent, filed a complaint against the petitioners under sections 406, 418, 420, 467 and 471 of the Indian Penal Code and sections .....

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..... style of Alliance Finance Ltd. with the object of dishonestly depriving people of their money. The company had its office in Hall Bazar, Amritsar, and Gian Chand was its managing director while Dewan Chand had been acting in various capacities such as manager, managing agent, secretary, treasurer and employee of the company. It is further stated that both the accused approached the complainant and .....

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..... of Alliance Finance Ltd. and was given to the two accused at Hoshiarpur. Subsequently, the complainant issued two more cheques for Rs. 5,000 and Rs. 4,250 and gave these to the accused at Hoshiarpur. Besides these, some other cheques were issued and given to the accused and a total amount of Rs. 26,275 was paid to the accused. It is stated that the accused after getting the cheques cashed misappro .....

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..... ies Act. It is further maintained that the accused prepared false records, false reports of the meetings of the directors, false balance-sheets and issued false certificates and made false representations regarding the affairs of the company and had thereby committed offences of cheating criminal breach of trust, forgery and fabrication of false documents, etc. It was, therefore, prayed that the a .....

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..... s against the employees of the company for cheating or other offences. Where criminal proceedings for cheating are not against the company but against the manager or directors of the company, leave of the court is not necessary as the proceedings cannot be said to be against the company. The company cannot be charged with cheating not having the mens rea requisite for the offence of cheating. [Th .....

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