Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 418, 467, 468, 197 -- Quashing of proceedings - Cheating - Appellant had no role to play in the transaction leading to FIR as he was not a signatory to sale certificate - Since appellant was neither authorized officer at the relevant time nor responsible for auction process or issuance..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 418, 381, 408, 120B, 34 -- Interim bail - Cheating - Allegations made against petitioners are serious in nature, more so, conduct of petitioners have been portrayed as on defying due course of justice by indulging in activities which are contrary to law - Though, allegations are yet to..........
Indian Penal Code, 1860, Section 420, 417 -- Difference between the two provisions of Ss.420 & 417 IPC - Where in pursuance of deception, no property passes, offence is one of cheating punishable u/s 417, IPC, but where, in pursuance of the deception, property is delivered, offence is punishable u/s 420, IPC...........
Indian Penal Code, 1860, Section 420, 417 -- Cheating - When the ingredients to attract the offence punishable u/s 417 IPC are not satisfied there cannot be any question of such allegations/accusations attracting S.420 IPC, for the simple reason that to bring a case within the ambit of S.420 IPC, not only cheating is simpliciter but also by dishonest inducement of that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 417, 420, 323, 384, 506, 109 -- Bail - Rape - Consent between de facto complainant and accused - When de facto complainant felt that relationship between her and accused is not going to work out, she filed the complaint - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 406, 468, 500 -- Anticipatory bail - Cheating - Allegation that accused dishonestly induced complainant to deliver huge sums of money running into crores of rupees making him believe that he would be made a partner in business venture started by accused - What exactly the transaction and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 419, 471, 120B -- Quashing of FIR - Cheating - Contents of FIR prima facie constitute cognizable offence - Other alleged grounds for quashing FIR can only be disclosed after due investigation - Investigation is in domain of Investigating Agency and Courts are not supposed to interfere in..........
