Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420 -- Discharge - Cheating - Allegation that false assurance was given by appellant and his father to complainant - However, ingredients of S.420 IPC not made out either from FIR or from any other material on record - In the FIR allegation of making assurance was made against father of accused -..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Order framing charges - Petitioners allegedly forged and fabricated documents and created bogus security in order to induce Bank to extend credit facilities to them - They played active role in affairs of company including obtaining of loan from bank - Extent of complicity of petitioners is a..........
Indian Penal Code, 1860, Section 420, 452, 467, 471, 379, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Stealing of cheques - Cheques dishonoured on 29.03.2017 and FIR lodged on 30.03.2017 - Complainant had knowledge that he shall be facing proceedings under the Negotiable Instruments Act - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of order framing charges - Offence u/ss 420, 467, 468, 471, 120-B IPC - Role of petitioner is not described in basic Istagasa (Complaint) - Petitioner was an Advocate and merely identified the documents in question - Even complainant himself has not alleged..........
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 34 -- Mere allegation of S.467 IPC in the FIR or the complaint, in the absence of original documents claimed to be forged, does not debar police to apply S.41-A of the Code...........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 120B -- Withdrawal of prosecution - Court is not to weigh evidence for purpose of conviction or prima facie case etc. and if Public Prosecutor after applying its mind has applied for withdrawal from prosecution, Court is to give its consent...........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 469, 471 -- Matrimonial dispute - Compromise - Amicable settlement arrived at between parties not only separating from each other but also to settle all other ancillary litigation pending between parties - Even though some of criminal cases between parties are in respect of no, compoundable offences, however, High Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, 384, 120B -- Anticipatory bail - Cheque dishonoured in 2013 - Delay of 3 years in lodging of FIR - Criminal proceedings for recovery of amount outstanding in year 2012-2013 - Bail granted...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d) -- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 403, 409, 464 -- Quashing of proceedings - Offence u/ss 420, 403, 409, 464 IPC - Findings of inquiry clearly indicate that large volume of material facts surrounded by lodging of FIR and its authenticity needs to be investigated and truth unravelled - High Court cannot interdict criminal..........
