Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR is filed showing that appellant had an intention to cheat and commit breach of trust - However, documents on record belie the allegations in FIR - Mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust - By..........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
Indian Penal Code, 1860, Section 420 -- Cheating - To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning...........
Indian Penal Code, 1860, Section 420 -- Cheating - Prima facie reading of FIR does not disclose commission of a cognizable offence of cheating - Intention to cheat from the beginning could not be made out from the complaint - Even, there is no whiff of any dishonesty or intention to deceive in any of statements of witnesses as recorded by police - Offence u/s 420 IPC not..........
Indian Penal Code, 1860, Section 420, 406, 415, 418, 120B -- Cheating - Quashing of proceedings - Dispute regarding sale transaction between parties - There was no allegation of deception and intention to cheat complainant from the inception of transaction - Question of criminal misappropriation does not arise - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Execution of Power of attorney on receipt of Rs.12 Lakhs as consideration - Revocation or cancellation of power of attorney - Whether power of attorney was revoked or cancelled with bona fide intention or with mala fide intention to cheat the agent who had paid part sale..........
Indian Penal Code, 1860, Section 417 -- Cheating - Allegation that accused cheated deceased by not marrying her despite promising to do so - However, accused and deceased had secretly married and deceased wanted their marriage to be solemnized as per Hindu rites and customs - Accused had made arrangements for such marriage but for some reason same did not happen - No..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - For seeking prosecution of an accused for offences of cheating and breach of trust, intention to cheat must be existing at the inception of transaction - Subsequent development of such intention would not create an element of criminality in the act complained of...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 NI Act and S.420 IPC - Mere dishonour of cheque cannot be construed as an act on the part of accused with a deliberate intention to cheat and mens rea in that regard cannot be gathered from the point the amount had been received - Offence u/s 420..........
