Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Selling land to someone else - Proceedings quashed by High Court as (a) A copy of the agreement to sell not produced; (b) Details of agreement to sell not given; (c) date of alleged agreement to sell not given; (d) Area of land covered by the agreement or the rate at which the land was agreed to be..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 201, 120B - - Anticipatory bail - Offence u/ss 420, 406, 201, 120-B IPC - Complaint does not mention name of applicant directly - No direct averment in complaint that it was applicant who received cash - Applicant claims herself to be only an employee of firm without any knowledge of the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 138 NI Act read with S.420 IPC - Appellate Court suspended sentence subject to payment of 1/3rd of amount of compensation - Condition imposed is for suspension of sentence and..........
Indian Penal Code, 1860, Section 420 -- Lack of necessary intention to cheat - No infirmity in order of discharge...........
Indian Penal Code, 1860, Section 420 -- Machine supplied but not working properly - Dispute of civil nature - Blatant abuse of process of law not to be permitted - FIR quashed - Cost of one lakh imposed, out of which State to pay Rs.50,000/- and I.O. to pay Rs.50,000/- - Cost imposed on IO to be recovered from his salary...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Cheating - Forgery - Quashing of proceedings - Petitioners/accused persons were members of society and were expelled from that society - Petitioners alleged to have conspired and prepared forged documents to cause harm to respondent No.2 who was chairman of that society -..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners have already joined investigation - They are no longer required for further interrogation - There is no history of their previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2), Indian Penal Code, 1860, Section 120B, 420, 409, 477A -- Bail - Economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - The economic offence having deep rooted conspiracies and involving..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 477A, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) - - Bail in economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - While granting bail, the court has to keep in mind the nature of..........
Indian Penal Code, 1860, Section 420 -- Cheating - Guilty intention is an essential ingredient of offence of cheating - Mens rea on part of accused must be established...........
