Showing : 131-140 of 236 Results

JHARKHAND HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust - Cheating - Conspiracy - Quashing of proceedings - FIR does not constitute offence of cheating - At the same time, in absence of any dishonest intention, the case of criminal breach of trust is also not made out - Rather the case appears to be a mere breach of contract -..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 419, 420, 468, Criminal Procedure Code, 1973, Section 482-- Cheating and forgery - Quashing of criminal proceedings - Application u/s 156(3) - Registration of case - Case is at the stage of investigation and charge-sheet has not yet been filed - Criminal case and a civil suit have arisen out of the same fact over same property - Held, criminal case and..........
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 same - Test to ascertain whether the two offences are the..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all these defences can be put forth and considered during trial -..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not be said that complainant has initiated two separate..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420,406-- Cheque issued against advancing loan - Cheque given by brother before death in a road accident - No evidence to show that late brother of complainant made any kind of entrustment to accused - Case is simply a case of civil nature for recovery of money - Held, lower Revisional Court rightly..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439-- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was being granted - Court granting bail has to consider, among other..........
PATNA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420-- Dishonour of cheque - Cheating & criminal breach of trust - Case of opposite party No.2 that he had given cash to petitioner in loan as petitioner was in need of money in connection with his business and furthermore, opposite party No.2 gave Rs.25,000/- as security money to petitioner - It is..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 448, 420, 406, 467, 468, 471, 506, 120B-- Bail - Offence u/ss 341, 448, 420, 406, 467, 468, 471, 506 & 120-B - Investigation against other accused still not completed - Held, taking into consideration over all facts and circumstances of case as revealed from evidence on record collected during investigation as well as nature of allegation..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Cheque dishonoured with remark `Drawer's signature different' and `Funds insufficient' - In such a case it hardly matters whether drawer's signatures were different - It may be that petitioner acted dishonestly by camouflaging his signatures to cover real reason - Offence of..........

Showing : 131-140 of 236 Results