PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B-- Anticipatory bail - Money extracted for sending abroad - Parties compromising - Anticipatory bail sought on the ground that matter is of recovery of money and question whether element of cheating is involved is a matter for trial and custodial interrogation is not called for - Anticipatory bail..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471-- A person impersonated and drawing money from bank - Said person acquitted as prosecution could not prove the offence - Petitioner a co-accused who identified the accused at the time of withdrawal of amount cannot be convicted when accused who received the amount is acquitted...........
RAJASTHAN HIGH COURT
Year of decision: 2003
Details
Indian Penal Code, 1860, Section 406, 420-- Quashing of proceedings under Section 482 Cr.P.C. - Complaint against Chief Manager of a Bank by an employee who was dismissed for misappropriation of Rs.2,00,000/- by misusing his official position, that his gratuity amount had been illegally withheld - Held that gratuity is a matter of..........
ORISSA HIGH COURT
Year of decision: 2003
Details
Indian Penal Code, 1860, Section 420-- Cheating - Goods sold on credit basis - During transaction buyer issued a cheque - Cheque dishonoured on ground that signatures differed - Offence of cheating is not made out as there was no inducement or deception to deliver any property which are the basic ingredients of offence of cheating...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 471-- Pre-arrest bail - Forgery case - Accused evading arrest for two months by eluding police - Speaks volume of their capacity to hide themselves from due process of law for a long period - The competence of the petitioners to hide strengthens the belief that they may not even be available to the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - On promise of getting appointment as a Panchayat Secretary accused extracted Rs.1.25 lacs from complainant - Neither the amount returned nor the job procured for the complainant - Accused put off for two years - Complaint lodged after two years - Anticipatory bail refused -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 468-- Offence u/ss 420 and 506 - Sentence which could be awarded is seven years - No period of limitation is prescribed for an offence for which punishment prescribed is more than three years...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420-- Accused organised an impersonation to write examination paper for him in HCS Examination - Anticipatory bail refused - Menance of malpractices in the competitive examinations is on the rise and it would not be in the public interest to deal with these type of crimes leniently...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 438, Drugs and Cosmetics Act, 1940, Section 7, 17A, 17B, 18, 27, Indian Penal Code, 1860, Section 420-- Pre-arrest bail - Offence u/ss 17/17A/17B/18/27 of Drugs and Cosmetics Act and S.420 IPC - FIR lodged - S.18 provides that in case of contravention of the provisions of the Act, complaint is to be filed by the Drug Inspector with Magistrate and no FIR is to be registered - Offence u/s 420 IPC how..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420-- Permission to go abroad and to complete studies - Petitioner facing trial u/s 420 IPC in a complaint case - No intention on part of petitioner not to face prosecution - Petitioner allowed to leave India for completing her studies subject to the conditions that (i) proceedings may continue in..........