Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Creation of fraudulent Will and its registration - Will in question also subject matter of civil suit - Civil suit decreed but appeal thereagainst pending - Civil Court had not framed the issue as to whether will was created fraudulently - Held, there is no bar on simultaneous proceeding in the civil as well as..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Complaint dismissed for no, prosecution - Case called several times but none appeared - As nobody should be condemned unheard, order of dismissal set aside - Complaint restored to its original number - Direction issued...........
Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 - - Offence u/ss 409, 420, 467, 468 & 471 IPC - Allegations made in complaint and evidence adduced in support thereof, even if taken to be in their face value and accepted in its entirety do not constitute prima facie any criminal offence or make out a case against accused..........
Indian Penal Code, 1860, Section 420, 465, 467, 471 -- Forgery - Cheating - Reduction of sentence - Dispute related to sale of land - Dispute is in personal nature and civil remedy is also available to complainant - Petitioner had already undergone the imprisonment for the period of 3 months and 15 days out of total punishment - Petitioners are facing trial for last 10..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 329, 420, 120B, 34 -- Quashing of FIR - Petitioner is being proceeded against for offence of forging and fabricating an injury on person of complainant in order to initiate a case under S.307 against other party - Prosecution relied on medico legal report of hospital which only indicates two..........
Indian Penal Code, 1860, Section 408, 409, 420 -- Criminal Breach of trust by clerk - Cheating - Proof - Allegations against accused who is lower division clerk that he received money from consumer for electricity bill but not credited amount - Incharge of electricity department was very clear that at relevant time petitioner was deputed to act as Cashier and to receive..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Allegations mainly constituting the offence that cheque was signed by P2 who stood guarantor for P1 and cheque was from account of P1 - No Cogent evidence to show that cheque was issued by P2 - No expert has been examined to prove the signatures -..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Agreement of guarantee shows that signatures of P1 and P2 looks to be obtained on blank papers and after these documents have been got typed - Signatures do not look to be appended after scribing of documents - Petitioner liable to be acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 328, 380, 420, 120B -- Quashing of FIR - Occurrence of incident about 1 1/2 years and allegations against petitioner are vague - No particulars of said occurrence are mentioned - Complainant?s main grievance is for mother of petitioner for administering poisonous substance, exploiting his..........
Indian Penal Code, 1860, Section 120B, 420, 465, 467, 468 -- Cheating - Proof of - Accused are working in LIC office and alleged to have committed theft of cheques and encased amount by opening fictitious accounts of policy holders - Investigating agency did not collect any evidence as to who had stolen, deposited and withdrawn the cheque amount - No evidence to connect..........
