Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Furnishing of fabricated documents to bank to get loan - Complaint discloses cognizable offence - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 465, 468, 471, 477A -- Offence u/ss 465, 468, 471, 477-A IPC - Accused has used challan which is a forged document as genuine, also falsified the accounts and signature and misappropriated an amount of Rs.74,789/- - Offence u/ss 465, 468, 471, 477-A IPC is thus, attracted - Accused rightly convicted...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of proceedings - No allegations against accused that they are part of any conspiracy or acted in connivance with `N' for purchase of land which was duly recorded in her ownership at the time of registration of sale deed in their favour - Moreover, prior to registration of FIR, complainant had..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
Indian Penal Code, 1860, Section 498A, 506, 509, 34, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 506, 509, 34 IPC - Limitation - Gap between date on which complainant went back to house of her parents and date on which she filed complaint is more than 3 years - Allegations relating to later period of time are allegations of neglect and refusal to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........