(1.) By this application under Article 227 of the Constitution of India, the applicants - original accused persons have prayed for the following reliefs:
(2.) The principal argument of the learned counsel appearing for the applicants herein is that even if the entire case of the prosecution is believed or accepted to be true, the charge cannot be framed for the offence punishable under Sections 406 and 420 of the I.P.C. simultaneously. The prosecution should be clear whether the case is of criminal breach of trust punishable under Section 406 of the IPC or cheating under Section 420 of the I.P.C. Both the offences cannot go together. In support of such submission, the learned counsel has placed reliance on the decision of this Court in the case of 'Arvind Maganlal Master v. State of Gujarat' reported in 2015 (1) GLH 149 , wherein, this Court has explained the fine distinction between the Section 406 and Section 420 of the I.P.C.
(3.) I may quote the relevant observations:
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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