Supreme Court · 1979 INSC 127 · Decided 27 July 1979

B. Saha and ORS. v. M. S. Kochar

Court
Supreme Court of India
Citation
1979 INSC 127 · [1980] 1 S.C.R. 111
Case number
CRIMINAL APPEAL No. 21/1973
Decided
27 July 1979
Bench
R.S. SARKARIA, P.N. SHINGAL, O. CHINNAPPA REDDY (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 120B, 409, 166; CrPC Section 197

Headnote

Criminal Procedure Code 1898, Sec. 197-Scope of. The act complained of is dishonest misappropriation or conversion of goods by the appellants wl1ich they had setlzed and as such were holding in trust to be dealt with in accordance with law. This gave a bona fide apprehension A B to the fC!POndent The S.D'.M. conducted a preliminary enquiry and found a prima facie case under S. 120B/409 IPC against the appellants. The S.D.M. summoned the appellr:tnts vihO appeared before him and prayed for their in1me- diate discharge, which was accepted on the ground that he bad no jurisdiction

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