Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 34 -- Dishonour of cheque - Quashing of complaint - An FIR registered u/ss 406, 420, 34 of the IPC for the alleged dishonour of cheque - Subsequent prosecution u/s 138 of N.I. Act - Accusation made against petitioner that cheque dishonoured on account of insufficient funds -..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Offence u/s 138 NI Act and u/s 420 IPC - Police complaint - Absence of fraudulent intention on the date of issuing the cheque - Ingredients of S.420 IPC not made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 420 -- Construction of college building on land which was mortgaged with bank - Recognition granted on submission of affidavit that said land and building was not mortgaged - Complaint filed by CBI - Merely submitting affidavit stating that land is not mortgaged with the bank would not come within the purview of offence u/s 420 of IPC when..........
Indian Penal Code, 1860, Section 420 -- Cheating - Prosecution of accused sought by making allegations in the complaint that accused issued cheque, signed by him, in discharge of liability of debt, but the cheque was drawn on account maintained by co-accused - Held, mere suppression of fact by accused that cheque issued by him was drawn on account of co-accused will not..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of the Act does not bar another complaint u/s 420 IPC as ingredients of S.420 IPC and Section 138 Negotiable Instruments Act are distinctly different and operate in two different spheres...........
Criminal Procedure Code, 1973, Section 300(4), Indian Penal Code, 1860, Section 406, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Complaint for offence u/ss 406, 420 IPC and S.3(1)(x) and (xi) referred to police for investigation u/s 156(3) Cr.P.C. - Police had earlier filed charge sheet qua the same occurrence for..........
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..........
