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ANIL KSHETARPAL
Baij Nath Kamboj – Appellant
Versus
R. S. CH. Pratap Singh – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J. (Oral)
These two connected regular second appeals have come up for preliminary hearing. The learned counsel representing the appellant admits that both the appeals can conveniently be disposed of by a common order.
2. Hence, the facts are being noticed from RSA-5208-2019. In this regular second appeal, the plaintiff assails the correctness of the concurrent findings of fact arrived at by the Courts below while dismissing his suit for recovery of Rs.5,00,000/- by way of damages. In the year 1986, he joined the respondents' School as an Accountant. The then Principal of the School filed a complaint to the Superintendent of Police, Karnal which resulted in the registration of criminal case bearing FIR No. 355, dated 29.04.2000, under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860. Subsequently, another complaint was lodged against the plaintiff by the Principal. The court untimately acquitted the appellant by giving him benefit of doubt on 09.09.2010. Thereafter, the plaintiff filed these two suits. Both the courts upon appreciation of evidence have found that the plaintiff has failed to make out the case for grant of damages. It has been
Acquittal in a criminal case does not automatically entitle the accused to damages unless malice is established.
The court affirmed that dishonoured cheques can lead to conviction under Section 138 of the Negotiable Instruments Act, and concurrent sentences may be ordered based on the nature of the transactions....
The benefit of concurrent sentences cannot be sought through a separate petition under Section 482 Cr.P.C. once the judgments of conviction and sentences have attained finality in different cases.
High Court in criminal revision against conviction is not supposed to exercise jurisdiction alike to appellate Court and scope of interference in revision is extremely narrow.
The intention to cheat and misuse of public funds through collusion constitutes criminal misappropriation, and the substantial amount received cannot be overlooked in determining the nature of the tr....
A court can quash proceedings against accused if the substratum of the case is lost due to the acquittal of co-accused.
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