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2016 (10) TMI 434 - HC - Indian LawsCompounding the offences - forgery of any documents - Held that:- It is undisputed fact that Central Excise Act and Rules provides for compounding the offences so also section 320 of Cr.PC. It is also undisputed fact that once main offence is compounded then there is catana of judgments by Supreme Court that when the department has compounded the offences then there is no reason to continue the criminal proceedings, more particularly when offences are either in the form of breach of rules or technical offences. In the present case, though some documents are alleged to be forged practically there is no forgery of any documents. It is submitted by the petitioners that, in fact an advance appreciation of work by the Company as per project report happens as per fixed schedule was disclosed. However for one reason or another if such time schedule could not be adhered to either during installation or during production it may not amount to committing offence of forgery, since there is no means rea and practically there is no financial benefit accrued by any of the petitioners. It is held as under: if the Court arrives at only opinion, there is no evidence against the accused, the Court shall not put accused to harassment by asking him to face a trial. In view of above facts and circumstances, the revision applications are allowed. Thereby impugned order dated 20.01.2010 charge-sheet to proceed further against petitioners are hereby quashed and set aside which results into discharging the petitioners from the offences registered against them pursuant to complaint no. RC/20(A) /2008/GNR and charges leveled against them in CBI Special case No. 3/2010. Amongst the accused at present we are concerned with accused no. 3 as petitioner no. 2 in revision petition no. 594/2016 whereas accused no.5 as petitioner no. 2 in Revision petition no. 627/2016 accused no. 8 as petitioner no. 2 in Revision petition no. 627/2016 accused no. 9 as petitioner no. 3 in Revision petition no. 627/2016 whereas petitioner in revision petition no. 716/2016 is accused no. 1. Complaint is already quashed and accused no. 2 whereas it is abated so far as accused no. 14.
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