9911796707
TMI Blog2022 (4) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... o.180/2013, which was registered at Police Station-Habibganj, Bhopal against them for an offence under section 420 of IPC simplicitor. 2. The contents of the FIR read thus:- I Smt. Sunita Singh am the daughter of late Vishwanath Singh, Villa Mohidpur, Gorakhpur, Uttar Pradesh. I live at the above-mentioned address. I have equal share in the property of my late father and in this respect my brother had given me some cheques after taking my signature on some paper. I deposited cheque no.100532 for 10 lakh, cheque no.100534 for 10 lakh and cheque no.100535 for 10 lakh, all the three cheques drawn on Standard Chartered Bank, New Delhi in the Central Bank of India, Sahapura Branch, Bhopal. Cheque no.100527 for 10 lakh and cheque no.100528 for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered a loss. The second set of allegations in the 161 statement is conspicuous by its absence in the FIR and appears to have been introduced in the police statement as an afterthought so as to implicate the petitioners for theft. 4. Learned counsel for the petitioners has submitted that the petitioner no.1 and the petitioner no.2 are related to each other. Father of the petitioner no.1 and the respondent no.2 had two wives. From the first wife, a son named Jai Prakash Singh (since deceased) was born. The second wife is Saraswati Singh, from whom the petitioner no.1 and the respondent no.2 were born. There was a partition on 27.11.2006 by which 50% of the share in the father's property went to Jai Prakash Singh and 25% went to the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n enacted. In such cases, experience is shown that the accused files an FIR against the complainant for offence under section 406, 420 or 379 of IPC for either theft or criminal breach of trust with regard to the cheques that have been entrusted to the complainant or for an outright act of cheating. It is a well settled principle of law that the general law will not prevail over the Special Law as enshrined in the maxim generalia specialibus non derogant. The Ld. Counsel for the respondent no.2 has argued that the share which the respondent no.2 was to receive by way of the settlement entered into between her and the petitioner no.1 was not honoured. Even if that be so, the relief available to the respondent no.2 may be under the civil law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is far lesser. The Senior Advocate in question is an Office Bearer of the Bar Council. If, I refer this case to the Bar Council, perhaps precious little will be done. However, that notwithstanding I still consider it essential to place this order before the Chairman of the Madhya Pradesh State Bar Council with a request to take the strictest possible action against the senior counsel for his intemperate and unpardonable conduct. The action taken will be a moment of truth, not just for the institutions of the Bar and the Bench, but to the people of this state with regard to the extent to which the Bar Council is willing to go in order to bring in line the erring members in the profession. 9. An investiture of honour on a member of the Bar ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
