Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 406, 409, 420, 34 -- Default bail - Charge sheet not filed within 60 days - Right accrued for default bail cannot be defeated by mere invocation of S.409 IPC claiming that period of completion of investigation and filing of charge sheet is 90 days - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, 34 -- Second anticipatory bail application - Cheating - Proclamation u/s 82 Cr.P.C already issued against accused - Contention of accused that accused can be declared as proclaimed offender only in terms of S.82(4) Cr.P.C, rejected, as procedure adopted u/s 82(4) Cr.P.C is not different..........
Indian Penal Code, 1860, Section 120B, 403, 409, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence by company - Prosecution of Managing Director - Quashing of proceedings - Allegations must be incorporated in the complaint referring to the specific instances of involvement of Managing Director in that capacity and the mode of involvement - Allegations levelled..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 511, 109, 34, 120B, 409, 420, 405, 417, 426, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Complaint u/ss 511, 109, 34, 120-B, 409, 420, 405, 417 and 426 IPC - Dispute regarding recovery of dues by bank - Dismissal of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 409, 34, Constitution of India, 1950, Article 21 -- Quashing of FIR - Offence u/ss 406, 420, 467, 468, 471, 409 & 34 IPC - Quashing of FIR sought on the ground that FIR was lodged in the year 1988 and trial has not begun yet and that delay is violative of Fundamental Right..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 420, 34, 409, 34 -- Public servant - Sanction for prosecution - Offence u/ss 467, 468, 471, 420/34, 409/34 IPC-Offence of forgery, cheating and criminal misappropriation is not a public duty-Sanction for prosecution is not required...........
