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Sikkim Court July 1997 Judgments

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Jul 31 1997

State of Sikkim Vs. Dorjee Sherpa and ors.

Court: Sikkim

Decided on: Jul-31-1997

Reported in: 1998CriLJ2685

Malay Sengupta, Acting C.J.1. This case arises out of an application filed under Section 377 of the Code of Criminal Procedure, 1973 against the sentence imposed on 3-6-1996 by Shri P.W. Paljor, Judicial Magistrate, East in Criminal Case No. 56 of 1995 after convicting the accused persons under Sections 380/368/471/420/34, I.P.C.2. The prosecution case was that accused Dorjee Sherpa and Ajoy Gurung were working as Typist and Peon respectively in the Department of Pension underthe Government of Sikkim. The other accused Lakpa Sherpa was a close associate of accused Dorjee Sherpa. Karma Bhutia was another associate. Shri M.B. Ruchal was the Chief Accounts Officer, Pension Section. It was alleged that all of them hatched up a plan to fraudulently withdraw cheques from Pension Section of the Finance Department and to get those cheques enacashed from different banks in Sikkim. Pursuant to the plan accused Dorjee Sherpa managed to take out letter heads and office seal of the Chief Accounts O...


Jul 22 1997

Nuswan Burjor Madan and anr. Vs. Biswanath Das and anr.

Court: Sikkim

Decided on: Jul-22-1997

Reported in: 1998CriLJ2218

ORDERMalay Sengupta, ACJ1. This case arises out of an application filed under Section 482, Cr.P.C. with a prayer for quashing the complaint filed before the learned Judicial Magistrate, East Sikkim in Criminal Case No. 6/95 wherefrom summons have been issued and served upon the petitioners before us.2. The fact of the case in a nutshell is that the opposite party, respondent No. 1 in this proceeding, filed a complaint before the learned Judicial Magistrate, East Sikkim against the. petitioners before us. It was registered as Criminal Case No. 6/95. Learned Magistrate examined lie complainant and issued summons upon the accused-petitioners. Summons was ordered for on 26-9-95 but was actually served on the accused/ petitioners, on 27-11-96. The accused persons made appearance before the learned Magistrate through their lawyer and thereafter they have filed the present petition in this Court on 14-5-1997.3. The fact as disclosed in the petition of complaint is that the accused persons wer...


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