Indian Penal Code, 1860, Section 420 -- Cheating - Ingredients to attract S.420 IPC: (i) Cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being converted into a valuable security and (iii) mens rea of accused at the time of making the inducement...........
Indian Penal Code, 1860, Section 379, 411, 420, 467, 468, 471 -- Negligence in discharge of official work - At the most it amounts to dereliction of duty but not an offence - Complaint quashed...........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 392, 420 -- Bail - Triple murder case - Accused persons, both Police Officers, alleged to have committed murder of three persons, while on duty - Charge-sheet filed - Accused in custody for last 7 years - Trial will not likely to conclude within reasonable time - Many co-accused either..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420 -- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly..........
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420 -- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - Validity - Case raises large number of disputed questions of fact - Held, there was no occasion for High Court to allow petition u/s.482 Cr.P.C. and quash criminal proceedings - Impugned judgment and order set aside - Appeal allowed...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173 - - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 471, 420 -- Quashing of proceedings - Validity - Complaint u/ss 420, 406, 468 & 471 IPC - Issuance of summoning order by Magistrate - Quashing of proceedings by High Court on ground that dispute is of civil nature - High Court failed to record any reason for holding that dispute is of civil..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 471, 420 -- Compounding of offence - Bank loan taken on forged documents - Amount repaid in pursuance to order of Debt Recovery Tribunal - It cannot be said that there is a compromise between the offender and the victim - Held, it is not a ground to quash criminal proceedings...........
