Case registered U/S 471, 467, 468, 120 B, 420 of IPC
Guest
(Querist) 08 June 2010
This query is : Resolved
A case was registered against the accused under the above mentioned sections of IPC. Court granted bail U/s 438 of Cr. P.C on the grounds that documents are already available with the police. Court also, while granting the anticipatory bail took the plea that it has not been mentioned in the investigation that who has suffered loss due to fraud and that complainant has no relation with the fraud. I want to know that for conviction is it must that somebody must have suffered loss and that a person who is directly related can only complain?
A V Vishal
(Expert) 08 June 2010
Criminal case is a case for violation of act prohibited by law for which punishment of imprisonment / fine is prescribed.Anyone can set the criminal law in motion by filing a complaint of facts constituting an offence before a Magistrate entitled to take cognizance. However, where any special statute prescribes offences and procedure for taking cognizance of such offences, complainant has to satisfy the Court about its maintainability. For example, in a complaint under section 142 of the Negotiable Instruments Act, complainant must be by the payee or the holder in due course.
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