Bail in 420 and 120-b
Querist :
Anonymous
(Querist) 14 October 2011
This query is : Resolved
is there are chances to get bail from lower court in 420 and 120-b after the compromise of the matter with complaintant.
Affidvait of compromise is also available.
Shonee Kapoor
(Expert) 14 October 2011
Yes very much.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 14 October 2011
move high court under section 482 for quashing FIR on account of compreomise
In Central Bureau of Investigation, Vs. Duncans Agro Industries Ltd., (1996) 5 SCC 591, the FIR was registered by CBI Under Section 120B of IPC read with Sections 409, 420, 467 and 471 thereof, in respect of credit facilities extended by United Bank of India to a division of the Duncans Agro Industries Ltd. The second FIR was registered under Section 120B, read with Section 420 of IPC. The criminal proceedings were quashed by the High Court on a petition filed by Duncans Agro Industries Ltd. It was noted by the Hon’ble Supreme Court that the advances had already paid before civil courts in suits for recovery of their dues and those suits had been compromised on receipt of payments from the Companies. The Hon’ble Court observed that even if an offence of cheating is prima facie constituted, such offence is a compoundable offence and compromise decrees passed in the suits instituted by theBanks, for all intents and purposes, amounts to compounding of the offence of cheating. It was also noted that investigations had not been completed till 1991 though the complaint was filed in 1987. In these circumstances, the Hon’ble Court felt that it would not be expedient to proceed further with the complaint and, dismissed the appeal, thereby maintaining the order of the High Court
Crlmc3447/
ajay sethi
(Expert) 14 October 2011
32. In Neelu Gupta & Ors. vs. State 2007(3)JCC 1938, an FIR registered under Section 120B/420/467/471 of IPC was quashed pursuant to a compromise between the parties. The FIR was registered pursuant to a dispute between the private parties.
Raj Kumar Makkad
(Expert) 14 October 2011
BAIL CAN BE GRANTED BY LOWER COURT IN SUCH MATTER EVEN IF COMPROMISE HAS NOT TAKEN PLACE.
Raj Kumar Makkad
(Expert) 14 October 2011
AS YOUR QUESTION IS LIMITED UPTO BAIL SO I HAVE CONFINED MYSELF ONLY UPTO THAT EXTENT.
jatin sharma
(Expert) 14 October 2011
hi , yes its a compoundable offence the clarification given below,
Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court.
Prakash Langalia
(Expert) 14 October 2011
I think hon.court pleased to enlarge you on bail as there is compromise between the parties.
prabhakar singh
(Expert) 15 October 2011
You may be enlarged on bail by lower court also.
Shailesh Kr. Shah
(Expert) 15 October 2011
I do agree with common opinions of all experts.
