Indian Penal Code, 1860, Section 420 -- Cheating - For an offence of cheating the dishonest intention must be shown to exist at the time of entering into the contract...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420 -- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to fulfill a promise cannot be a ground to draw proceedings for prosecution u/s 420 IPC - The essential ingredient of the offence of cheating is dishonest misrepresentation on the part of accused at the time of making promise...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B -- Additional accused - Cheating and forgery - Allegation that fake sale deeds were got registered by accused in connivance with one another - Neither any specific role in execution of sale deeds in question has been attributed to petitioners nor they were present at..........
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420 -- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420, 506, 34 -- Anticipatory Bail - Rape - Delay of 28 days in lodging FIR - Material produced by prosecution, does not prima facie show the commission of alleged offence by petitioner - Medical report mentioned external injuries like nail scratch abrasions but those abrasion were less than..........
Indian Penal Code, 1860, Section 413, 419, 420, 467, 468, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3(1) -- Stolen property - Recovered from the possession of accused person - Accused was sitting in the stolen vehicle on adjoining seat of driver - Vehicle was recovered from the possession of co-accused who died during trial -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Applicant is a purchaser - No allegation of dishonesty making any false and misleading representation against applicant - Therefore proceedings against applicant amount to abuse of process of court and as such to secure the ends of justice the same deserve to be quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Essential ingredients are : (i) deception of a person either by making a false or misleading representation or by dishonest concealment or by any other act or omission; (ii) fraudulent or dishonest inducement of that person to either deliver any property or to consent to the retention thereof by any person or to..........
Indian Penal Code, 1860, Section 420, 166, 167, 463, 464, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner, Sub-Divisional Officer, exercising jurisdiction under Rajasthan Tenancy Act and Land Revenue Act alleged to have conspired with other accused persons and got mutation in name of plaintiff for wrongful gains - No allegations made in FIR that..........
