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1 - 10 of 10 (0.58 seconds)Section 420 in The Companies Act, 1956 [Entire Act]
The Indian Penal Code, 1860
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Hridaya Rangan Pd. Verma And Ors vs State Of Bihar And Anr on 31 March, 2000
3. During arguments, the learned counsel appearing on behalf of the petitioner would lay emphasis on the factual position of the case being brought forth as it has been brought froth in the petition further stating that it is purely a civil dispute and the money borrowed on promissory note to the extent of Rs. 25 lakhs has been repaid on periodical installments and that the respondent company also filed a winding up petition before the High Court which is pending and while such proceedings have been initiated, they cannot resort to the criminal proceedings particularly when there is no prima facie case made out. At this juncture, the learned counsel for the petitioner would cite two judgments in support of the case of the petitioner, the first one delivered by the Honourable Apex Court in Hridaya Ranjan Pd. Verma and Ors. v. State of Bihar and Anr., AIR 2000 SC 2341 and the second one delivered by a learned single judge of the Bombay High Court in Chandrakant Chandulal Bhansali v. Srikant Shrikishna Joshi & Anr., 1993 (2) Crimes 389.
The Companies Act, 1956
Chandrakant Chandulal Bhansali vs Shrikant Shrikrishna Joshi And Anr. on 10 August, 1992
4. So far as the first judgment referred to above is concerned, it has been held therein:
Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
In the second judgment cited above, a learned single judge of the Bombay High Court, while dealing with an application for cancellation of bail filed not by the State but by the de facto-complainant himself under Section 482 of the Code of Criminal Procedure, quoting the passing observations made by Chandrachud, CJI (as he then was) in Gurbaksh Singh v. State of Punjab, has observed:
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