Showing : 91-100 of 186 Results

CALCUTTA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of proceedings u/s 420 IPC - As per evidence on record, no intention of cheating is made out - Even, in course of their business transaction, orders were placed, goods were supplied, money was paid, but, at end some money found due - Effort made by accused..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420, 415, 423, Criminal Procedure Code, 1973, Section 179-- Cheating - Territorial Jurisdiction - Agreement to sell goods entered in India - Goods were to be supplied in Dubai - Seller faithfully performed its obligation - Purchaser/accused dishonestly avoided payment - Criminal complaint instituted in India - Held, jurisdiction vest with competent Court..........
KERALA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Offence u/s 420 - Cheque issued in discharge of an existing liability - There may be an offence u/s 138 of Negotiable Instruments Act for which a complaint should have been filed - Dispute is of civil nature - Dishonour of cheque does not amount to an offence u/s 420 IPC - Proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420-- Dispute arising out of a contract - Essential ingredients of offence u/s 420 IPC of dishonest intention to deceive another person not seen or even inferred from the complaint - Entire dispute pertains to contractual obligations between the parties - Since the very ingredients of S.420 IPC not..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420-- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed to give any explanation either in his complaint u/ss 190/403/420..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, 120B, 406, Criminal Procedure Code, 1973, Section 482-- Goods not supplied inspite of payment of advance - Neither goods supplied nor money returned - A cheque was issued which was dishonoured - Held, offence, if any, is covered u/s 138 Negotiable Instruments Act - Complaint u/ss 420, 120-B, 406 IPC is not maintainable - Filing of criminal complaint..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 420, 120-B - Complaint filed alleging cheating - Matter involved of civil dispute relating to a contract - Held, when matter involved is purely of civil nature then criminal proceedings cannot continue - Order taking cognizance quashed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138-- Cheque issued for supply of diesel - Payment stopped raising dispute about quality of diesel - Complaint filed u/ss 420 etc. IPC and u/s 138 NI Act - Accused summoned u/s 420 IPC only - Summoning order quashed - No offence of cheating made out - Complainant has remedy u/s 138 Negotiable..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Complainant filed private complaint u/s.200 Cr.P.C. for offences u/s.120(B) & 420 IPC r/w S.138 of N.I. Act against husband of petitioner as A1 and petitioner as A2 - Statutory notice was issued for offence u/s.138 of N.I. Act - Cognizance taken by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141(2), Indian Penal Code, 1860, Section 420-- Dishonor of cheque issued by a company - Prosecution of managing director and others - Petitioners sought quashing of complaint alleging that they were neither directors nor partners nor employees of the company - Not a whisper in the complaint that petitioners were responsible or in-charge of..........

Showing : 91-100 of 186 Results