Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of summoning order - Perusal of complaint and material available on record make out a prima facie case against accused - There appear to be sufficient ground for proceeding against accused - No justification to quash the complaint or the summoning order...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 467, 409, 471, 201 -- Bail - Offence u/ss 406, 420, 467, 409, 471, 201 - As per the allegations petitioner on the basis of forged documents treated the amount as donation and same deposited in the account of accused persons - However, said fact has been denied by the petitioner on the..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR and stay of arrest - There is no averment that police is not following law or is going to make any arbitrary and illegal arrest of petitioner - No case of gross miscarriage is pleaded or demonstrated - Moreover, manner in which petitioner prays that his arrest should be stayed at the best can..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise arrived at between parties - Dispute has been amicably resolved - FIR along with all subsequent proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 471, 120B -- Bail - Offence u/ss 420, 465, 467, 471, 120-B IPC - Petitioner granted bail in eight cases wherein allegations are identical - Even, co-accused have already been released on regular bail or anticipatory bail - Moreover, offence is triable by Magistrate - Challan has..........
Indian Penal Code, 1860, Section 406, 420, 34 -- Criminal breach of trust and cheating - Criminal and civil proceedings - Quashing of criminal proceedings - Prima facie no case is made out u/ss 406, 420 IPC - Dispute between parties is purely of civil nature - Initiating criminal proceedings definitely amounts to an abuse of process of Court - Final report and proceedings..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust and cheating - Misappropriation for unlawful gain by subsequent conduct attracts an offence punishable u/s 406 IPC but dishonest intention at the time of making promise attracts an offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that wife, at the time of marriage, wrongly represented that she had completed her MCA but she completed MCA after marriage - It cannot be said that wife cheated husband at the time of marriage more particularly when husband lived with wife as husband and two children..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 406 -- Quashing of FIR - Compromise - Offence u/ss 420, 120-B, 406 IPC - Complainant backing out from compromise - Complainant cannot be permitted to back out from her statement particularly when her claim has been satisfied and she made a statement that matter has been mutually..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 447 -- Quashing of FIR - Cheating - Allegations contained in FIR constitute prima facie offence against petitioner - Whether dispute between parties is of civil nature or not can only be ascertained after parties lead evidence - Investigation into allegations levelled in FIR already..........
