Indian Penal Code, 1860, Section 420 -- Civil decree on the basis of family settlement - Complaint by third party that parties to the decree are not related and thereby caused wrongful loss to the State by not paying Stamp duty - Held, when Court passes the decree on the basis of admission by holding the suit as genuine then it is not known as to how the accused cheated..........
Indian Penal Code, 1860, Section 420, 340, 195 -- Sale of property inspite of attachment order passed by Civil Court - Complaint u/s 420 IPC - Complaint ordered to be treated as an application u/s 340 Cr.P.C. which shall be placed before the Court, which ordered attachment - Court shall hold an inquiry as envisaged u/s 340 Cr.P.C. and if comes to the conclusion that an..........
Indian Penal Code, 1860, Section 420, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint proceedings - Complainant purchased a tractor manufactured by appellants - Dealer falsely represented tractor to be 40 HP whereas it was 33 HP capacity - Complaint against both dealer and manufacturer - No allegation against manufacturers - No specific role..........
Indian Penal Code, 1860, Section 415, 420, Criminal Procedure Code, 1973, Section 482 -- Machine not manufactured as per order - Refusal to return advance - Accused summoned u/ss 417, 420 IPC - - To constitute an offence of cheating complainant is required to show that accused had dishonest intention at the time of making promise - In case accused commits breach of promise..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Criminal complaint - Quashing of issuance of summons - Offence u/ss 420, 120-B IPC - Allegations regarding non-repayment of loan amount by petitioner - As per evidence on record, act alleged against petitioner not prima facie satisfy ingredients constituting offences - Order of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Agreement to sell - Non execution of sale deed inspite of receiving earnest money - Complaint of cheating - Dismissal of complaint - High Court holding that a clear case of cheating is made out and directions issued to make further inquiry and pass appropriate order - Held, High Court could not have passed such orders..........
Criminal Procedure Code, 1973, Section 200, 202, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- IPC - Complaint u/ss 420, 467, 468, 471, 120-B IPC with allegations in the complaint of serious nature involving offences of forgery and preparation of fictitious ration cards of persons not below poverty line - Held, a thorough investigation by an investigating..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing - Complaint disclosing an offence u/s 420 IPC - High Court not justified in quashing the prosecution - Appeal allowed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Misappropriation of money deposited with Post Office - Complaint - Statement of complainant recorded - Thereafter complaint sent to police for investigation u/s 202 Cr.P.C. - On receipt of report of police Magistrate summoned petitioner - Revision against - Dismissed - Held,..........