Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused entered into agreement with complainant for purpose of selling of land - Agreement was later on cancelled by accused - Complainant demanded amount received by accused - Dispute between parties is purely civil in nature - Court, without expressing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of FIR - Offence u/ss 406, 420 IPC and Ss.3, 4 of Prize Chits and Money Circulation Schemes (Banning) Act - It is a case where both parties are alleging violation of terms and conditions of agreement..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Offence u/s 13(1)(d) of P.C Act and Ss.420, 120-B IPC - Possession of land in question was taken by government - Petitioner in the capacity of Tehsildar declaring private persons as Gair Marushi and Marushi -..........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Cheating - Offence of cheating would not be made out, merely because of breach of promise by borrower to return loan amount - Moreover, there is no inducement on the part of petitioner muchless by deceiving him - FIR quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, Punjab Prevention of Human Smuggling Act, 2012, Section 13 -- Anticipatory bail - Offence u/s 420 IPC and S.13 of Punjab Prevention of Human Smuggling Act - Accused has no reference in FIR - Even, there is no allegations to the effect that any part of the amount was ever handed to petitioner..........
