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Results of 420 138

Showing : 21-30 of 77 Results

KERALA HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 482 -- Cheating - Double jeopardy - Quashing of proceedings - Earlier accused was acquitted u/s 138 of N.I.Act - Subsequently complaint filed u/s 420 IPC on the basis of same facts alleged in earlier complaint - Even though offence pleaded in..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

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..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138 -- Conviction of accused u/s 138 NI Act - Further prosecution u/ss 406, 420 IPC is barred...........

UTTARAKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Offence by company - Liability of office bearers - Held, S.141 of N.I. Act does not absolve company from its liability, if cheating has been done by its office bearers at any point of time - But at same time, current office bearers are saved from any..........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142, 420 - - Dishonour of cheques - Cheating - Ingredients necessarily be there for constituting offence of cheating - Held, (1) there should be fraudulent or dishonest inducement of a person by deceiving him - (2) (a) person so deceived should be induced to deliver any property to any persons, or to consent that any person..........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 142, 420, 482 - - Dishonour of cheques - Cheating & criminal breach of trust - Quashing of - First element of deception constituting an offence of cheating is lacking as nowhere allegations made in complaint do indicate about complainant being deceived by petitioner in any manner - None of ingredients required to constitute..........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 120B, 482 - - Dishonour of cheque - Cheating & criminal breach of trust - Quashing of entire criminal proceedings - None of ingredients required to constitute offence u/s.405 of IPC attracted even if entire allegations are accepted to be true - Necessary pleadings with respect to..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420,406 -- Accused tried for offence u/s 138 of NI Act - Subsequently prosecuted for offence u/ss 406/420 IPC - It is not double jeopardy - Double jeopardy is only when ingredients of the offence in earlier case as well as in the latter case are the..........

Showing : 21-30 of 77 Results