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MAHESHAN NAGAPRASANNA
Rashmi Tandon – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
Maheshan Nagaprasanna, J. - The petitioners are before this Court calling in question the proceedings in Crime No. 88 of 2021 registered on 22-07-2021 for the offence punishable under Section 420 of the IPC.
2. Heard Sri S.G. Bhagavan, learned counsel for the petitioners, Sri B.J. Rohith, learned High Court Government Pleader for respondent No. 1 and Sri Deviprasad Shetty, learned counsel for respondent No. 2.
3. Brief facts leading to the filing of the present petition as borne out from the pleadings, are as follows:-
The 2nd respondent is the complainant. The petitioners were the Directors of the Company by name Headwin Exim Private Limited ('the Company' for short). The Company was engaged in the business of import. It appears that the Directors of the Company approached the 2nd respondent/complainant seeking financial assistance to meet immediate financial needs that arose in its business. A transaction between the two take place and the complainant claims to have assisted the Company with finance of Rs. 30,00,000/- initially and Rs. 5,00,000/- later. The financial assistance was rendered between July 2015 and September, 2015 against which, the Company had issued five cheq
A complaint under Section 420 IPC is maintainable even after initiation of proceedings under Section 138 of the Act, as the two offenses operate in different legal fields with distinct requirements a....
Prosecutions under Section 420 IPC and Section 138 N.I. Act are distinct; trial for both based on same facts not permissible due to differing evidentiary requirements.
The intention to cheat or defraud must be established from the inception, and belated complaints may raise a presumption of being for pressuring quick realization of due amounts.
: Offences under Section 138 of NI Act and Section 420 of IPC are distinct from each other and principle of double jeopardy or rule of estoppel does not come into play.
Accused cannot be charged under Sections 420 and 406 of IPC for the same act, as these offences are mutually exclusive; errors in FIR regarding charges are not fatal to proceedings.
Distinct offences under the IPC and NIA can coexist, and concurrent prosecutions do not violate the double jeopardy principle under Article 20(2) of the Constitution.
The ingredients of the offence under Section 420 IPC must be satisfied for a criminal prosecution to be maintainable, even if a civil dispute exists between the parties. The pendency of a case under ....
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