Showing : 1-10 of 23 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 447-- Quashing of FIR - Cheating - Allegations contained in FIR constitute prima facie offence against petitioner - Whether dispute between parties is of civil nature or not can only be ascertained after parties lead evidence - Investigation into allegations levelled in FIR already completed and police..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448-- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour - Moreover, bail is granted by..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34-- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus, bound to allow investigation..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406-- Cheating - Loan transaction - Dispute between parties is purely civil in nature regarding recovery of loan amount - Remedy available to complainant is to file money suit in competent civil Court - Moreover, loan given to accused only for a period of 2 years - However, FIR came to be lodged after a..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Guardians and Wards Act, 1890, Section 7, 25-- Custody of child - Conviction of father u/ss 420, 467, 468 IPC on the ground that he obtained appointment on the basis of fraudulent domicile certificate, cannot be borrowed to make it as basis to reject application for custody of child - Such type of offence may be a social offence, but it will..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B-- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil nature - Suit for cancellation..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B-- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was entered into with..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Cheating - Quashing of FIR - Agreement to sell - Non execution of sale deed - Entire sale amount of Rs.50,00,000/- received - Thereafter, vendor left their place of residence without leaving their addresses and shut off their mobiles - It was with clear intention so that complainant may not trace..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471-- Offence u/ss 420, 419, 467, 468, 471 IPC - Quashing of FIR - Civil dispute - Entire dispute between parties is with regard to their respective shares in the property in question and genuineness of disputed document - Dispute if any is thus purely of civil nature - No offence u/ss 420, 419, 467,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 403, 406, 467, 468-- Direction for registration of FIR - Offence u/ss 420, 403, 406, 467, 468 IPC - Preliminary enquiry already conducted wherein found that dispute between parties was only of civil nature - Magistrate in such circumstances should call for a fresh report from police rather than directing registration..........

Showing : 1-10 of 23 Results