General Clauses Act, 1897, Section 26, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 419, 420, 120B -- Double jeopardy - Article 20(2) of the Constitution of India prohibits second conviction for the same offence - If the offences are distinct or same set of facts constitute two different offences..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 138 of Negotiable Instruments Act and u/s 420 of Indian Penal Code on allegations of dishonour of cheque - Complaint dismissed on ground that it was barred by limitation prescribed under Negotiable Instruments Act - Magistrate failed to take note..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 201, 406, 420 -- Second bail application - Offence u/ss 120-B, 201, 406 and 420 IPC - No material to connect petitioner for commission of offence u/ss 420 & 406 IPC - Petitioner not named in the FIR and nobody has made allegation for booking and receipt of money by him - Keeping in view the..........
Indian Penal Code, 1860, Section 415, 420 -- Company - Mens rea - Company can be prosecuted for commission of criminal offence - A corporation would be liable for crimes of intent - A corporation is virtually in the same position as any individual and may be convicted of common law as well as statutory offences including those requiring mens rea - The criminal liability of..........
Indian Penal Code, 1860, Section 415, 420, Criminal Procedure Code, 1973, Section 482 -- Offence by company - Mens rea - Company inviting investment in shares from prospective investors to float a product by giving rosy picture of the product - Petitioner and others invested 500 crore - Product proved a failure and company going into liquidation - Complaint against the..........
Indian Penal Code, 1860, Section 415, 420 -- Misleading statements which withhold the vital facts for intentionally inducing a person to do or to omit to do something would amount to deception - In case it is found that misleading statement has wrongfully caused damage to the person deceived it would amount to cheating...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Accused had no machinery and equipments for manufacturing GIC sheets - Inspite of that they made the statement that they had machinery and equipments for manufacturing GIC sheets and would also supply the same within the agreed time - On the basis of this..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Summoning order - Quashing of - Commercial transactions between parties - Certain purchases were made by petitioner and he made payment and only Rs.2,91,669/- remained unpaid - Held, this is a simple case of recovery of money - It cannot be inferred that intention of applicant was..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B -- Dishonour of cheque - Cognizance - Complainant alleging offence of cheating and dishonour of cheque - On the basis of averments made in the complaint, prima facie Magistrate has not committed any error in taking cognizance u/ss 420, 120-B IPC - However, as regards taking cognizance..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Offence of cheating - Anticipatory bail - There are no allegations on behalf of State that petitioners are likely to abscond or that they are likely to dissuade witnesses from deposing true facts in court if released on bail - Bail granted...........
