Supreme Court of India
Kanchan Kumar v. The State of Bihar
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What the Court ordered
We are of the opinion that only an amount of Rs. 11,998, recorded in the Appellant’s Bank Passbook dur ing the check-period as the balance amount, is validly admissible as expenditure under this head. 16.3 The second objection relates to the inclusion of an amount of Rs. 53,467 as expenditure towards repayment of the loan fr om the BSFC. However, the amount repaid towards loan instalments was already KANCHAN KUMAR v.
Judgment, page 10
From the headnote
Code of Criminal Procedure, 1973 – ss.227, 228 – Discharge application – Requirement of prime facie case for framing of charges – FIR filed against appellant un der ss.13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 , alleging that he possessed assets disproportionate to his kn own source of income – Charge-sheet filed against him indicate d that he earned a total income of Rs. 3,01,561 and incurred an expenditure of Rs. 5,24,386 during the check period – Thus, cha rge was of having amassed Rs. 2,22,825, disproportionate to his known sources of income – Appellant filed discharge
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