ravisharma 08 June 2017

Financial crime

I have filed a FIR under sec 420, 467, 120b against directors of credit cooperative society. The directors have closed the bank and have defaulted the payments of the customers, practically they are not returning any of the invested money of customers and hence more than hundred FIR have been filed and they are in jail for past 3 years. recently court has punished them with 3 year imprisonment in two of the cases. My question is that is there any provision or case citation which can help me in increasing there jail term and attach their properties. Its a mass scam and as they have already done with 3 years so they dont have any intentions to pay us. The only way we can get some justice is by increasing their punishment.

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 June 2017

1. IF "at all" any punishment can be increased, THEN it can be done only by the Police Dept's Application, though now whether it will be considered or not, is the discretion of the Court.

Keep Smiling .... Hemant Agarwal
VISIT: https://www.maharashtra-society-help-forum.com

Raveena Kataria (Advocate ) 30 June 2017

The tenure of their punishment is purely up to the discretion of the court.

Moreover, the court, once it has passed a sentence for the commission of an offence, cannot put to trial and thus pass another sentence upon the accused over the same offence, as that would be in violation of section 300 of the CrPC and article 20(2) of the Indian Constitution. (Unless, more facts are revealed that hadn't been accounted for in the previous trial, which would constitute a separate (and thus new) offence.)