Case Note & Summary
The case was initiated on a complaint by Sudhir Manjrekar, the constituted attorney of Canbank Mutual Fund, against Shrenik K. Jhaveri alleging offences under Sections 406, 409, and 420 of the Indian Penal Code. The Economic Offences Wing (EOW) of the Mumbai Police registered an FIR (M.E.C.R No.15/2005) and conducted an investigation. After investigation, the Investigating Officer, P.I. S.S. Sapkal, submitted a Final Report under Section 173 of the Code of Criminal Procedure, 1973, in the form of a 'B' Summary Report, indicating that the case was based on a mistake of fact. The report stated that no criminal offence was made out and the allegations were of a civil nature. The Special Court, presided over by Justice O.K. Deshmukh, considered the report and the submissions of the complainant's counsel, Mr. Pradeep Sancheti, and the accused, who appeared in person. The court found that the investigation had not revealed any criminal intent or offence. Accordingly, the court accepted the 'B' Summary Report and disposed of the case, closing the proceedings against the accused.
Headnote
A) Criminal Procedure Code - Final Report under Section 173 CrPC - B Summary Report - Mistake of Fact - Investigating Officer submitted 'B' Summary report concluding that the case was based on mistake of fact - Court accepted the report and disposed of the case - Held that no criminal offence was made out (Para 1).
Issue of Consideration
Whether the investigation revealed any criminal offence or whether the case was based on a mistake of fact.
Final Decision
The court accepted the 'B' Summary Report submitted by the Investigating Officer under Section 173 CrPC and disposed of the case, closing the proceedings against the accused.
Law Points
- Section 173 CrPC
- Final Report
- B Summary Report
- Mistake of Fact
- Criminal breach of trust
- Cheating
