Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second anticipatory bail application - Accused by submitting forged documents had received benefits of a revised pay scale from department and prima facie committed offences in question - Custodial interrogation of accused is required for recovering original documents and..........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Merely because cheques issued had been dishonoured does not mean that complainant has been cheated...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Dishonouring of cheques does not make out a case of cheating, moreso when part payments were made for the goods supplied and the case of accused from the beginning was that they were ready for a settlement of accounts...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Civil suit for rendition of accounts filed but said fact not disclosed in the complaint - If such fact had been disclosed, possibly summoning order might not have been passed - Complaint and summoning order quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Plea that both the proceedings u/s 138 Negotiable Instruments Act and S.420 IPC can go simultaneously - However, in the present case only one remedy u/s 420 IPC is availed - Said plea would have been available only if both the remedies had been availed of by the complainant - Complaint and summoning..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Interim bail - Cheating - Accused already released on bail in 87 criminal cases - Main allegation against accused in present FIR is that certificates are forged - Further, allegation is that person who had issued certificates was not authorized to issue those certificates - Charge..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No allegation against accused of any inducement by her to deceive and to deliver gold jewellery - Allegations of dishonest inducement and cheating are against husband of accused - In the absence of any allegation of inducement by accused, she cannot be..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Proceedings u/s 420 IPC - Maintainable even after initiation of proceedings u/s 138 NI Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........