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 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Cheating - Involvement of petitioner, howsoever limited, cannot be ruled out at this stage - Trial ought to be permitted to proceed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406, 34 -- Dishonour of cheque - Transfer of two complaints to one Court for simultaneous disposal - Transfer of complaint from Exclusive Court to any other Court or to transfer trial arising out of FIR registered u/ss 420, 406, 34 IPC to Exclusive Court u/s 138 of the N.I. Act is not..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Lack of jurisdiction of a Court to entertain a complaint can be no ground to order its transfer...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Merely because majority of accused and majority of witnesses are residents of place where transfer is sought, is no ground for transfer of case...........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Allegations against father-in-law and mother-in-law - No specific allegation levelled against petitioners with regard to cruelty - Wife herself stated that just after the marriage she went alongwith her husband to Malaysia and was continuously ill-treated by husband - FIR qua petitioners quashed...........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Allegations against husband - Wife specifically mentioned the harassment and cruelty meted out to her by husband - No case is made out for quashing FIR against husband - Petition for quashing qua husband dismissed...........
Indian Penal Code, 1860, Section 420, 406, 120B -- Offence u/ss 420, 406, 120-B IPC - Sale of goods - Non-payment of consideration amount - There can be civil remedy for non-payment of consideration amount, but no criminal case will be maintainable for it - Prima facie offence of cheating, criminal breach of trust or of criminal conspiracy not made out - Proceedings..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Locus standi - Murder case - Petitioner is real brother of deceased and is vitally interested in a fair trial so that deceased and his family gets justice - Challenge by accused to locus standi of petitioner, rejected...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Apprehension that justice will not be done - Petitioner is required to show circumstances from which it can be inferred that he entertains a reasonable apprehension - However, this apprehension cannot be imaginary and cannot be a mere allegation...........
