Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B -- Bail - Cheating - Dispute regarding non-payment of amount for purchase of 11 trucks of apple boxes by petitioner - However, petitioner contended that entire payment falling to share of petitioner stands remitted into bank account of complainant - Petitioner is behind..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 409, 420, 120B -- Interim bail - On basis of medical condition - Offence u/ss 409, 420, 120-B IPC - Petitioner has lost 25 kgs of weight after his judicial custody - Court therefore, directed Director of AIIMS to constitute a medical Board and file a report specifying therein whether..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 34, Information Technology Act, 2000, Section 66 -- Anticipatory bail - Cheating - Mobile no. used in commission of offence is registered in the name of petitioner - It is for petitioner, who has to explain as to how said number was used for commission of offence - Petitioner not denied..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Allegation that there is huge discrepancies in payment of actual EPF contribution and EPF amount deposited by petitioner's Security agency and many of security guards stated that they have been given less payment - However, these..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 410, 467, 468, 471, 120B -- Bail - Forged transfer deed - Petitioner attested sale deed as a witness on basis of Aadhar card - However, petitioner who is a practicing advocate is expected to be more careful and more responsible and he cannot sign sale deed as a witness simply on basis of..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 468, 471 -- Quashing of proceedings - Cheating - Compromise in civil Court - After availing benefit of said compromise, complainant cannot go back and reagitate the matter before another forum - Compromise includes all issues - Complainant cannot take a portion of the compromise which is..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the beginning of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Allegation that complainant supplied goods to accused and accused failed to pay the amount for the same - However, there was a meditation between accused and his creditors in which on behalf of complainant, her husband participated and agreed to receive Rs.7,30,000 in full and final settlement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Cheating - Civil dispute between parties - Charge sheet has already been filed and there is no requirement of applicants for investigation - Accused has no criminal history - Bail granted...........
