Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Advocate on panel of Bank - Issuing false non encumbrance certificate by Advocate - Plea that non encumbrance certificate was issued to extend pecuniary advantage to the farmers - There is no basis on record for making such statement except that non encumbrance certificate was not found proper - There..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 420, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - No possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - Proceedings..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Breach of contractual obligation normally do not give rise to criminal offence - Civil dispute between parties is sought to be converted into a criminal case - FIR and all subsequent proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 420, 471, 199, 200 -- Cheating - Order framing charge - Courts below while framing charge considered each and every aspect of matter and rightly framed charges - No perversity or manifest error in impugned order of framing charges - Impugned order is just and proper - No interference warranted in it...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 468, 120B -- Anticipatory bail - Offence u/ss 420, 468, 120-B IPC - As per allegations, petitioner received cheques in name of the firm which was in partnership with complainant, but same were deposited by him in his own firm - However, as per petitioner, cheques were deposited in the firm..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 494, 420, 120B -- Anticipatory bail - Bigamy - Cheating - Criminal conspiracy - Second marriage by husband during subsistence of his first marriage - Although husband stated that he had made complainant/wife and other members of her family fully aware about his marital status and that complainant..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Compromise - Chance of ultimate conviction bleak after compromise/settlement arrived at between parties - Continuation of criminal prosecution will be futile exercise and a sheer wastage of previous time of Court - Continuation of criminal proceedings after compromise..........
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..........
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 similar facts he can be subsequently tried..........