Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 7, 13 -- Bail - Parity with co-accused - Cheating - Forgery - Investigation already complete and challan presented - Trial is at initial stage and would take time to conclude - Co-accused against whom there are similar..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right at the time of entering..........
Indian Penal Code, 1860, Section 420 -- Cheating - For invoking offence of fraud and cheating prosecution has to establish that intention of accused was to cheat complainant right at the time of inception of contract...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating, unless fraudulent or dishonest intention is shown at beginning of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating Essential ingredients to attract S.420 IPC are: (i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security; and (iii) mens rea of accused at the time of making inducement...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 306, 201, 34 -- Anticipatory bail - Cheating - Abetment of suicide - Suicide note - Prima facie materials so collected by prosecution are not sufficient to show that petitioners instigated or intentionally aided deceased to commit suicide - It is not imperative for an effective..........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Material on record shows that in same subject matter and same facts on basis of which FIR in question has been lodged, there is judgment of competent Tribunal with categorical finding that petitioner did no wrong - Said judgment of..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Breach of contract - Case involving a simple dispute of breach of contract - No offence made out from the case set up by complainant in FIR - FIR and all consequential proceedings quashed...........
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..........
