Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B -- Cheating - Reduction of sentence - FIR was registered in the year 2004 and petitioners are facing agony of trial since last 20 years - All petitioners have already undergone sentence for a period of more than 3 months out of rigorous sentence of one year awarded to them - Sentence awarded to petitioners..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34 -- Cheating - If intent on the face of it is absent qua one of the offences in the same transaction, it is absent in respect of the other offences as well...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Nothing on record to suggest, even prima facie, that any of the ingredients of offence u/s 420 IPC are met in the case of appellant - No intent can be hinted to, where the appellant had willfully, with the intent to defraud, acted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Bail - Cheating - No averment from prosecution's side that there are chances of absconding or tampering with the witnesses or intimidation of victim or witnesses on the part of accused who is a lady - She is in jail since 12.10.2023 and till date charge has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Bail - Cheating - Taking into account the gravity of offence, evidence presented, the involvement of accused, severity of punishment and arguments put forth by counsel for both the parties, there is no compelling reason to exercise any discretion in favour of accused -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Prima facie there is no evidence which implicate accused directly/indirectly connected to commission of crime - Accused not in any manner facilitated co-accused either in creating or in fabricating alleged forged degree of B.Ed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
