Criminal P.C. (2 of 1974) , S.389— Suspension of sentence - Legality - Accused was convicted for offence of sexual assault on minor - High Court suspended sentence citing doubt over age of victim and granted him bail pending appeal - Whether or not finding regarding age of victim was correct or manner in which same was sought to be proved before Trial Court, was in accordance with law or not, is question that is open for consideration in jurisdiction under S.374 CrPC, and not under S.389 CrPC - Casting doubt upon finding returned by Trial Court, when same isn't within immediate purview, cannot be justified - Accused was convicted by trial court - Considering nature of offence and age of convict, High Court ought not to have suspended sentence - Order suspension of sentence was set aside.

AIROnline 2024 GUJ 2029-ReversedAIR 2024 SC 4594-Relied on2024 Cri LJ 930 (SC)-Relied on(Paras89)

(Para 8 9)

Prevention of Corruption Act (49 of 1988) , S.19— Sanction for prosecution - Necessity of - Complaint was filed alleging corruption by CM of State and others - Since the issue involved in the case, 'Whether the bar of Section 19 of the PC Act would be applicable on exercise of power under Section 156 (3) of CrPC.' had already been referred to a larger bench, it was deemed appropriate to tag instant petitions with referred matter Manju Surana v. Sunil Arora and Ors. (2018) 5 SCC 557 : AIROnline 2018 SC 1002 - Registry was directed to place matters before the Hon'ble Chief Justice of India for appropriate orders

(Para 20)

Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings - Offence of cheating and voluntarily causing hurt - Allegations that on account of payment for purchase of plot accused persons cheated and assaulted complainant - Complaint did not revel specific role played by accused persons in alleged offence of cheating and assault - Alleged incident of assault involving these accused persons was not believable due to vagueness of complaint petition regarding their actions - Prima facie evidence to attract offence against two accused persons only - Allegations made in complaint are not sufficient even prima facie to attract alleged offence against rest of accused persons - Except two accused persons, proceedings was liable to be quashed against other accused persons.

(Para 4)

Criminal P.C. (2 of 1974) , S.482— Quashing of proceeding - Offence of cruelty, dowry demand and voluntarily causing hurt - Allegations that husband and relatives of complainant demanded money for starting business and threatened her with death if demand was not met - Complainant stated that she was assaulted and ousted from her matrimonial home and had been residing at her parental home - Petitioners being relatives of husband faced general and omnibus allegations of cruelty, while main allegations were against husband who was not petitioner - Lack of specific date for alleged occurrence and money - Allegations of cruelty and dowry demand was to be false on face of it - Proceedings was liable to be quashed.

AIR 2023 SC 4209-Followed(Paras89)

(Para 8 9)

Employees State Insurance Act (34 of 1948) , S.85(a), S.2(17)— Employees' State Insurance - Failure to pay contributions - Liability for - Appellant had allegedly failed to deposit with ESIC, amount deducted from wages of employees of company - Concurrent findings were recorded that Appellant was described as General Manager in records of company, which could not be controverted by him - Definition of 'principal employer 'includes a 'managing agent' of Owner/Occupier in the case of a factory or 'named as manager of factory and for 'any other establishment', would include 'any person responsible for supervision and control of establishment' - Designation of a person would be immaterial if such person otherwise is an agent of Owner/Occupier or supervises and controls establishment - Material on record showed that Appellant falls within ambit of S. 2(17) of the Act, being a 'managing agent' - Conviction of appellant was proper.

AIROnline 2023 KAR 2240-AffirmedAIROnline 1996 SC 1129-Distinguished1991 Lab IC 52 (SC)-Distinguished(Paras1920)

(Para 19 20)