Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Earnest money paid - Breach of contract - Accused not returning earnest money - Cannot be termed as 'misappropriation' within the meaning of S.405 of IPC - For cheating dishonest intention must arise at the inception of the transaction - FIR not disclosing any facts..........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 193, 211 -- Private person filed complaint for offence punishable u/ss 193 & 211 IPC - Court took cognizance of the same - In view of the provision of S.195(1)(b) of Cr.P.C. complaint not having been filed by Court, cognizance of the same could not have been taken - Proceedings quashed...........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 468(2), 482 -- Malicious prosecution - Complaint u/s 500 IPC - Limitation for filing such complaint commences from the date of filing of the earlier complaint and not from the date of acquittal in the earlier proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Complaint u/s 420 IPC - Except using the expression 'fraudulent misappropriation' and 'mala fide intention' allegation in the complaint not disclosing at all how the appellant can be found guilty of the offence u/s 420 IPC - Ingredients constituting offence u/s 420 IPC lacking in the..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - FIR quashed by High Court when investigation had not even started - This is too premature a stage for High Court to quash FIR when investigation had not even started and investigating agency had no occasion to find out whether there was material to file a..........
Indian Penal Code, 1860, Section 306, 107, Criminal Procedure Code, 1973, Section 482 -- Suicide - Abetment - Suicide note left behind by employee stated that he was being harassed by authorities for his trade union activities and that he being frustrated in life, commits suicide - On basis of such suicide note offence of abetment of suicide is not made out as it does not..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - Compromise - Parties amicably settled their all disputes - No grievance against each other - Genuine settlement arrived at between parties who are none else than husband and wife - Criminal Proceedings..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Post dated cheque - Bank informed that there is no amount in the account of drawer - Drawee filing FIR with police and offence u/s 420 IPC registered - Held, merely because the ingredients of an offence u/s 138 of..........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Married sister of husband - Allegation in FIR that on some occasions, she directed complainant to wash W.C. and that she used to abuse her and used to pass remarks such as 'even if you have got much jewellery, you are our slave' and that she..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 453, 380, 120B -- Forged agreement to sell - Quashing of FIR and charge - In the course of investigation disputed documents sent to Forensic Science Laboratory and the report reflects that the documents were forged - Held, it cannot be said that there was no prima facie..........
