Showing : 71-80 of 171 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471-- Will - Alleged to be forged - A criminal complaint is maintainable notwithstanding the fact that appeal against grant of succession certificate is still pending - When there is allegation of forgery it is a criminal act - Order of Courts below holding it a case of civil nature, set aside - Such..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 156(3)-- Will - Alleged to be forged and on the basis of such forged Will, succession certificate procured - Complaint filed - Courts below held it to be a case of civil nature as succession certificate issued by civil court is under challenge before appellate court - Held, a document may relate to civil..........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142, 420, 482- - Dishonour of cheques - Cheating & criminal breach of trust - Quashing of - First element of deception constituting an offence of cheating is lacking as nowhere allegations made in complaint do indicate about complainant being deceived by petitioner in any manner - None of ingredients required to..........
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 -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B- - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant..........
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..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420, 406, 120B, 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of proceedings - Proceedings initiated against applicant u/s.138 of NI Act already quashed - Complaint registered for offences punishable u/s.420, 406, 120B r/w S.114 IPC arose out of same cause of action i.e. dishonour of cheques - Held, complaint..........
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...........

Showing : 71-80 of 171 Results