Indian Penal Code, 1860, Section 420, 406 -- Cheating - Mere breach of contract does not amount to an offence u/ss 420, 406 IPC, unless fraudulent or dishonest intention is shown right at the beginning of transaction...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Purely civil disputes cannot be converted into criminal cases - Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution, should be deprecated and discouraged...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 504, 506 -- Quashing of proceedings - Cheating - Ingredients necessary to constitute offence u/ss 420, 406, 504 & 506 IPC not made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 384, 406 -- Offence u/s 384, 406 IPC - Quashing of proceedings - Basic ingredients of offence in question not proved against accused - No useful purpose is likely to be served by allowing criminal prosecution - Proceedings quashed...........
Indian Penal Code, 1860, Section 406 -- Ingredients to constitute the offence u/s 406 IPC are, viz. (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Cheating - Involvement of petitioner, howsoever limited, cannot be ruled out at this stage - Trial ought to be permitted to proceed...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry death within 7 year of Marriage - Challan filed against husband and mother-in-law of deceased - Father-in-law and mother-in-law were living under same roof as his son and he would have been privy to all alleged occurrences of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry Death within 7 year of marriage - Sister-in-law and brother-in-law named in FIR but no cogent material that they continued to reside with deceased or that they used to inter-meddle in day to day marital life of deceased -..........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Mere wrong demand or claim would not meet conditions specified by S.405 IPC, in the absence of evidence to establish entrustment, dishonest misappropriation, conversion, use or disposal which action should be in violation of any direction of law or legal contract touching the discharge of trust...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Quashing of proceedings - High Court itself opined that allegations are very serious and it requires further investigation - However, High Court has not at all appreciated and/or considered the allegation of larger conspiracy and that both FIR/criminal cases are interconnected and part of main conspiracy which..........