Showing : 11-20 of 42 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 406-- Cheating - Complaint a counter blast to the complaint filed by accused u/s 138 Negotiable Instruments Act - It is a clear case of abuse of process of law - Complaint quashed...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 420, 504, 506-- Offence u/ss 420, 504, 506 - Compliant filed as a counter blast to complaint filed u/s 138 Negotiable Instruments Act - Plea that cheque not returned after accepting the amount - It is a matter of defence in the proceedings initiated u/s 138 of N.I. Act and petitioner would be getting appropriate..........
KERALA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 482-- Cheating - Double jeopardy - Quashing of proceedings - Earlier accused was acquitted u/s 138 of N.I.Act - Subsequently complaint filed u/s 420 IPC on the basis of same facts alleged in earlier complaint - Even though offence pleaded in both the complaints are different but facts are same thus..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down u/s 200 Cr.P.C...........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142, 420, 482- - Dishonour of cheques - Cheating & criminal breach of trust - Quashing of - First element of deception constituting an offence of cheating is lacking as nowhere allegations made in complaint do indicate about complainant being deceived by petitioner in any manner - None of ingredients required to..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all these defences can be put forth and considered during trial -..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not be said that complainant has initiated two separate..........
KERALA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Offence u/s 420 - Cheque issued in discharge of an existing liability - There may be an offence u/s 138 of Negotiable Instruments Act for which a complaint should have been filed - Dispute is of civil nature - Dishonour of cheque does not amount to an offence u/s 420 IPC - Proceedings quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 403,406,407,409,420,467,468,471,506, 120B, Criminal Procedure Code, 1973, Section 482-- Blank cheque given - Offence of making fraudulent endorsements in the blank cheque - A holder of cheque in due course is entitled to fill in the blank cheque and present the same to bank for encashment - Offence of cheating, breach of trust, misappropriation and forgery not made out - FIR is a..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420-- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed to give any explanation either in his complaint u/ss 190/403/420..........

Showing : 11-20 of 42 Results