Showing : 1-10 of 190 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482-- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - Specific averment in complaint that accused dishonestly induced complainant that amount would be repaid and cheque issued him would be honoured on presentation and that complainant paid them the amount believing their words -..........
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 - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
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...........
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 - Contract of civil nature - Novation of contract - Whether there is novation of contract or not and the effect of such entering into contract is a matter which is to be considered after trial but not at the stage of considering application u/s 482 Cr.P.C. - Order..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B-- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent the complaint to SHO to..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482-- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even if there has been delay, if same..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178-- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted - Since, wife is residing in..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 120B-- Cheating - Suppression of first marriage by wife - Petitioner obtained decree of divorce from her former husband - Said fact categorically disclosed to complainant/husband and his family members - Complainant without even whisper about this allegation filed divorce petition and after a period of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 34, 120B-- Cheating - Criminal complaint and police complaint simultaneously - Dispute regarding property was under litigation at different stages - First round of litigation was civil litigation - Complainant had resorted both the remedies i.e police case and complaint case, whereas proceedings in complaint..........

Showing : 1-10 of 190 Results