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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Eden Infraprojects Private Limited – Appellant
Versus
Republic Of India (Cbi) – Respondent
| Table of Content |
|---|
| 1. criminal proceedings based on alleged illegal financial activities. (Para 1 , 2 , 3) |
| 2. arguments regarding the petitioner's knowledge of business operations. (Para 5 , 6) |
| 3. inherent power under section 482 cr.p.c. to quash proceedings. (Para 11 , 12) |
| 4. improper issuance of nbw without adequate justification. (Para 20 , 21) |
| 5. partial allowance of quashment; nbw against petitioner quashed. (Para 22 , 23) |
JUDGMENT :
The petitioner No.1, M/s. Eden Infraprojects Private Limited is a Company incorporated under the Companies Act, 2013 based at Kolkata and is represented by its Director, who is the petitioner No.2. The petitioner No.3 is another Director of the Company. All the three petitioners are accused in SPE No. 5 of 2014 pending in the Court of leaned Special C.J.M.(C.B.I.), Bhubaneswar for the alleged commission of offence under Sections 420 /409/120-B of IPC read with Section 3 and 4 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (for short “the PCMCS Act”). In the present application filed under Section 482 Cr.P.C., the petitioners pray for quashment of the above mentioned criminal proceedings along with orders dated 27.12.2022, 06.01.2023, 20
The court emphasized that personal liberty must be carefully balanced against the necessity of criminal proceedings, rejecting hasty issuance of non-bailable warrants absent compelling reasons.
Issuance of Non-Bailable Warrants should follow established procedures; lesser measures like bailable warrants must be considered first to uphold the rights of the accused.
Forgery of valuable security, will - Bail rejected - Petitioner was Managing Director of company and oral as well as documentary evidence available on record prima facie indicates that he along with ....
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
The absence of established intention to cheat from the beginning and the need to make the company a party in cases where a wrong has been done by the company are crucial legal principles established ....
Illegal gratification – In a case where investigation is completed, Court is not required to appreciate evidence for quashing criminal proceeding – To appreciate evidence is function of Criminal Cour....
Grant of Bail - An application for grant of bail under Article 226 of the Constitution of India in a suitable case, the High Court must consider the settled factors which emerge from the precedents o....
For maintaining a prosecution under Section 138 of the Negotiable Instruments Act, arraigning of the company as an accused is imperative. The person in charge of the company cannot be held liable if ....
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
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