Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Parties obtained consent decree from DRT in view of settlement arrived at between them - Accused paid entire sum and there is no live issue which now survives - No criminality issue surviving qua accused, who are alive so as to..........
Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 477A -- Cognizance of offence - Issuance of summons - Cheating - Illegal transfer of huge money - Case based on police report - Police filed second supplementary charge sheet and along with it, number of materials like statement of witnesses, Bank statement of..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Accused not having title to the property but dealt with the property and on that basis complainant was induced to part with valuable consideration - These allegations whether true or not is a matter of trial - Order quashing..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 467, 471, 34 -- Quashing of FIR - Compromise between parties - Complainant stated that he has no objection if proceedings are quashed - Even, matter is settled by complainant out of his free will - Moreover, where proceedings are still at..........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Summoning of accused - Offence u/ss 420, 468, 471, 120-B IPC - Magistrate summoned accused after required satisfaction that there is sufficient ground to proceed against accused - High Court went into wrong in interfering with summoning order and quashing the same - Impugned..........
Indian Penal Code, 1860, Section 420, 465, 471, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Misappropriation and embezzlement of public funds - Sufficient material on record to show that accused had indulged in acts of misappropriation and embezzlement of public funds by unauthorizedly processing bills which he received not through proper channel -..........
Indian Penal Code, 1860, Section 420, 465, 471, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Misappropriation and embezzlement of public funds - Reduction of sentence - Accused aged 70 years, suffering from ill health - He undergone 20 months sentence out of 36 months - Sentence modified to period already undergone by accused...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 201, 34 -- Compliant u/ss 420, 467, 468, 471, 120-B, 201, 34 IPC - Warrant case - Death of complainant - There is no provision in Chapter XIX, `Trial of warrant cases by Magistrate' that in event of death of complainant, complaint is to be rejected - Thus, legal heirs of complainant rightly permitted to come on..........
