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2020 (12) TMI 614 - HC - Indian LawsCriminal misconduct - Benefit of encashment - income earned through special bearer bonds accounted or not - It is argued that no benefit of encashment was ever availed by petitioners or any of his family members nor were any properties purchased from encashment of the said bonds by the petitioners - whether a case is made out for trial on the basis of the documents presented? - HELD THAT:- What element of the monies came into the account of the accused i.e. the father and the son respectively, or whether the latter was a beneficiary of the alleged transactions through or by his father, remains unexplained. Simply because for a large part of the period of investigation, the son was a minor, would not by itself be a reason to disregard the fact that at least for seven years of the investigation period he was a major. In the circumstances, there appears to be material for the trial to be conducted. Section 3(2) of the Special Bearer Bonds Act makes the benefits of the said Act inapplicable to the PC Act or similar offences. The prosecution seeks to rely upon documents, upon statements of witness viz. Anit Mehta, Ashok Grover, Ramnivas, Sushil Salhotra, Vijay Kumar Lalla and Surender Malik - According to the CBI, some income tax related orders relied upon by the petitioners, are of a date after the filing the chargesheet, therefore they would be of no relevance. What is to be seen at this stage is whether there is a strong suspicion that the accused has committed the offence. The Court finds no reason to interfere with the order on charge and the framing of charge - petition dismissed.
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