Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420 -- Dishonour of cheque - Cheating & criminal breach of trust - Case of opposite party No.2 that he had given cash to petitioner in loan as petitioner was in need of money in connection with his business and furthermore, opposite party No.2 gave Rs.25,000/- as security money to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of charge-sheet - Allegations were made against winning candidate that date of birth mentioned in the nomination papers was wrong and thus, he cheated other candidates, who contested election as well as university's authorities - Contention of applicant that actual date of birth of..........
Indian Penal Code, 1860, Section 420 -- Failure to execute sale deed in pursuance of agreement to sell and obtaining advance sale consideration - Does not constitute offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 420 -- Cheating - Commercial transaction or money transaction - Hardly a reason for holding that offence of cheating will elude from such a transaction - In fact, many a cheatings were committed in the course of commercial and also money transactions. (1999(1) Apex Court Journal 459 (S.C.) followed) ...........
Indian Penal Code, 1860, Section 405,406,420 -- Prosecution for an offence under the agreement - Arbitration clause in agreement for referring the dispute to arbitration - Held, arbitrator cannot conduct a trial of any act which amounts to an offence albeit the same act may be connected with the discharge of any function under the agreement. (1999(8) SCC 686 followed) ...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 120B - - Bail - Grant of - Applicant not named in FIR - Applicant was an authorized signatory on behalf of company - Applicant was in charge and was responsible for conduct of business of company - Applicant has a criminal history - Applicant is wanted in a number of cases..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Contention on behalf of petitioner/accused that cheque in question was not dishonoured because of insufficiency of funds but for the reason that signatures did not tally with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415, 420 -- Offence of cheating - Absence of intention to cheat right from beginning - Quashing of proceedings - Held, intention to cheat right from beginning of transaction is essence of allegation of cheating - Therefore, complaint and other materials taken together must disclose at least prima..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 471 -- Bail - Offences punishable u/ss 419 and 471 are bailable - Charges are to be framed and prosecution evidence to be taken - Further proceedings of trial stayed by High Court - Accused detained for about 15 months at present u/ss 419, 420, 471 IPC providing maximum punishment up to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 407, Negotiable Instruments Act, 1881, Section 138 -- Bail - Dishonour of cheque - Cheating - Grant of anticipatory bail - Dispute between two business groups - Petitioners have not denied amount which is to be recovered by complainant but their stand is that they are also entitled to..........
