Proportionality in company penalty quantification requires aggravating and mitigating factors; mechanical multiplication of director liability is impe...
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Prima facie material at the discharge and charge-framing stage need only raise a strong suspicion of the accused's involvement; the court must not conduct a roving inquiry or weigh evidence as at trial. The notes state that the petitioner was a trustee when a loan was allegedly obtained through fraudulent documents, diverted from its stated purpose, and linked to laundering of proceeds of crime. On that material, the Trial Court's refusal to discharge was affirmed and the criminal revision was dismissed.
Prima facie material at the discharge and charge-framing stage need only raise a strong suspicion of the accused's involvement; the court must not conduct a roving inquiry or weigh evidence as at trial. The notes state that the petitioner was a trustee when a loan was allegedly obtained through fraudulent documents, diverted from its stated purpose, and linked to laundering of proceeds of crime. On that material, the Trial Court's refusal to discharge was affirmed and the criminal revision was dismissed.
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