Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Bank Loan - Misconduct - Offence under P.C.Act quashed - Trial as regards other offence under IPC would have to proceed before Competent Court - High Court would have to exercise inherent jurisdiction u/s 482 Cr.P.C. and direct Court below to return the complaint to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Criminal Procedure Code, 1973, Section 228, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Order framing charge - Offence u/ss 420, 467, 468, 471, 120-B IPC - Prima facie case for framing charge against petitioners found on record - Matter examined by two Courts below and there is no inkling in the order that trial Court has not examined the matter and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 34 -- Anticipatory bail - Cheating - Sale of plot - No role assigned in the transaction to the petitioner - Nothing on record to show if any sale consideration was paid to petitioner by complainant - Petitioner was granted interim protection by Court and was directed to join investigation as..........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 406, 408, 420 -- Territorial jurisdiction - Petitioner was transferred from Patiala to Shimla in 1991 - Petitioner was charged with embezzlement in 1995 - Petitioner was removed from service by order of removal was passed at New Delhi exercising jurisdiction over Delhi, Punjab & Rajasthan regions -..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Lawyer - False legal opinion to Bank - For such a wrong lawyer cannot be prosecuted as it does not amount to any criminal culpability - Lawyer at the most may be liable for gross negligence or professional misconduct, if it is established by evidence...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - False legal opinion to Bank - Lawyer cannot be prosecuted merely on the basis of his professional advice in absence of plea of his conspiracy with the loanee or that he had direct link with them...........
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Compounding of offence - Cheating - Criminal conspiracy - Settlement arrived at between parties - There is every possibility of trial ending in acquittal - Since substantive offence punishable u/ss 506, 420 IPC is compoundable u/s 320 Cr.P.C., offence u/s 120-B IPC should..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 384, 420, 120B -- Two FIRs relating to same offence registered at place `U' (Rajasthan) and at place `H'(Haryana) - Complaint resulting in registration of FIR at `U' was prior to the registration of FIR at `H' - While registering FIR at `U' police was not aware about existence of FIR at..........
