Showing : 1-10 of 94 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420-- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - There was fraudulent inducement to part with the money which is specifically alleged in the complaint - Even if a person has been tried and dealt with for the offence punishable u/s 138 of Negotiable Instruments Act, on..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482-- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per re-verification report of Bank - Complaint qua petitioner u/ss..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR - Since investigating agency has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482-- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the complainant - Held,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138-- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for quashing dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138-- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for offence u/ss 420,..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B-- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 420, 406, 417, 465, 467, 468, 471, 120B-- Direction for registration of FIR - FIR u/ss 379, 420, 406, 417, 465, 467, 468, 471, 120-B IPC - DDR for loss of document including signed cheques were registered in 2007 by husband of complainant - Whereas cheque in question was issued in 2009, i.e. more than 2 years after said DDR, coupled with..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Cheque book from which cheque has been issued belongs to another firm - Even if it is taken that cheque has been drawn by accused, it was not drawn from the account of accused - One necessary ingredient u/s 138 of the Act held, missing - Moreover,..........

Showing : 1-10 of 94 Results