RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Criminal proceedings - Quashing of - Petitioner/accused charged for offences u/ss 406, 420, 467, 468, 471 IPC - Both parties have decided to settle all their disputes by mutual compromise - Possibility of petitioner being convicted in case is absolutely remote - Held, no useful purpose would be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138-- Conviction of accused u/s 138 NI Act - Further prosecution u/ss 406, 420 IPC is barred...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1), 13(1)(d), 19, Indian Penal Code, 1860, Section 467, 468, 471, 420-- Public servant - Sanction for prosecution - Sanction granted u/s 19 of Act of 1988 for offence u/s 13(1) and 13(1)(d) of Prevention of Corruption Act and S.420 IPC - Sanction not granted for offence u/ss 467, 468 & 471 IPC - Held, once sanction has been granted u/s 19 of 1988 Act no further..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of FIR - (i) Delay in lodging FIR - It is an issue which is to be adjudicated upon by the trial Court; (2) Whether there is direct evidence or circumstantial evidence to prove the existence of offence u/s 120-B IPC is naturally a matter of investigation; (3) Whether the intention to cheat..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 406, 120B-- Offence u/ss 420, 406, 120-B IPC - Complainant convicted u/s 138 NI Act - Complainant alleging misuse of the same very cheque - Such a frivolous prosecution cannot be permitted to be continued - Order taking cognizance quashed...........
JHARKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420-- Cheating - Quashing of proceedings - No case of complainant that petitioners tried to deceive him either by making false or misleading representation or by any other action or omission nor he was fraudulently or dishonestly induced to deliver property - Hence, no offence u/s 420 was made out -..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B-- Order of cognizance - Quashment - No case of forgery of documents committed after document was custodia legis - S.195 Cr.P.C. wrongly applied - Impugned order set aside...........
SIKKIM HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Grant of - Offence u/ss 420, 409, 471, & 120-B IPC - Issuance of no, bailable warrant of arrest - Grounds set out in case diary for custodial interrogation of accused cannot be accepted as good reasons - Those grounds had been set out for purpose of obtaining warrant of arrest..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 274, 275, 276, 420, 120B, Trade Marks Act, 1940, Section 103, 104, Drugs and Cosmetics Act, 1940, Section 17B, 27-- Bail - Offence u/ss 274, 275, 276, 420, 120-B IPC, Ss.103, 104 Trade Marks act & Ss.17-B, 27 of Drugs and Cosmetics Act - Nature and gravity of the accusation and severity of the punishment in the event of conviction are the guidelines which have to be kept in mind while granting bail...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420, 427, 177, 199-- Undertaking of not taking any loan from a bank - Loan in fact taken from LIC Housing Finance Limited - Not a loanee of any bank - Further more, the amount of loan already paid - No case of cheating or furnishing false information made out - Cognizance rightly set aside...........