Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 409, 467, 468, 471, 120B -- Interim bail - On the medical grounds of wife of accused - Cheating - Wife of accused advised surgery for Pedicle Screw Fixation - Accused is a person with family ties and is not a flight risk - Nature of prosecution evidence is mostly documentary in nature,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 406, 409, 457, 380, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Summoning of additional accused - Offence u/ss 420, 406, 409, 457, 380 IPC and Ss.13(1)(d), 13(2) of P.C. Act - Prima facie evidence on record which make it a triable case against accused - All PWs have..........
Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 406, 409, 420, 34 -- Default bail - Charge sheet not filed within 60 days - Right accrued for default bail cannot be defeated by mere invocation of S.409 IPC claiming that period of completion of investigation and filing of charge sheet is 90 days - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Bail - Cheating - Petitioners were involved in multi-person scam involving more than 200 crores from inception of the same - Both were instrumental in misleading the public into investing in the scheme with no intention of returning money - There are more than 900 complaints..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 408, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Anticipatory bail - Cheating - Petitioner is joining and co-operating investigation - He is not in a position to tamper with prosecution evidence nor in a position to flee from justice, as he is permanent resident of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 406, 465, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Bail - Cheating - Period of nine months has passed from date of filing charge sheet - Trial of case not commenced - Accused who is admittedly 62 years of age has already spent nearly a year in judicial..........
