Showing : 1-10 of 172 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420-- Compounding of offence - Cheating - Merely because offence is compoundable still discretion can be exercised by Court having regard to nature of offence - As offence in question has its own effect on society at large, no infirmity in order rejecting application for compounding - However, having..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Offence u/s 420 IPC - Quashing of proceedings - Pendency of civil suit - Averments in complaint and suit entirely different - Transaction a money transaction - Complainant who had opted his remedy before civil Court, with an apprehension of not getting a favourable order, has given a criminal..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 420, 323, 504-- Quashing of order - Order rejecting discharge application - Cheating - Property dispute - Shares in question right from date of acquisition in the custody of A-1 - Material on record shows that acquisition was from funds of A-1 - Complainant merely alleged that funds came from his bank account but..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482-- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came to know that accused had married some other woman - Prosecutrix had taken a conscious decision after active..........
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
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Cheating - Dismissal of complaint by closing evidence of complainant - Not even a single effective opportunity afforded to complainant to lead evidence - Order dismissing compliant set aside - Complaint restored...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 463, 468, 469, 470, 471, 205, 190, 199, 192, 120B-- Cheating - Impersonation and forgery - Property dispute - Order of quashing of complaint - Allegation that accused by impersonating herself being mother of deceased got his property transferred in her name by mutation - However, complainant failed to lead any evidence to prove impersonation or..........
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,..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420-- Quashing of summoning order - Perusal of complaint and material available on record make out a prima facie case against accused - There appear to be sufficient ground for proceeding against accused - No justification to quash the complaint or the summoning order...........

Showing : 1-10 of 172 Results