Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418 -- Quashing of FIR - Cheating - Sale of defective car - Manufacturer of car offered to replace old car with brand new car in compliance with order of High Court - However, this was not acceded to by complainant - Old vehicle was admittedly returned to erstwhile dealer by complainant -..........
Indian Penal Code, 1860, Section 420, 468, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie forging of documents and taking benefit of such forgery is established on record - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Accused `G' was convicted and sentenced to undergo R.I for a period of 3 years - He is in custody since 1.2.2024 - Considering the term of sentence imposed and the period of incarceration undergone by him,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Accused `L' was convicted and sentenced to undergo R.I for a period of 7 years - He is a guarantor and not an authority who sanctioned loan, though he was the Assistant Branch Manager - Bail granted to..........
Indian Penal Code, 1860, Section 420, 415, 418, 405, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Breach of contract would not attract breach of trust or cheating - Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for damages - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Business transaction between parties - Complainant has not completed the work and work was further executed through third party and if such dispute is there that too in a case of commercial transaction, criminal action cannot be allowed to continue - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 406, 420, 120B -- Cruelty - Allegations against family members of husband - General, vague and omnibus allegations were levelled against accused in the FIR - No specific role is attributed to accused except causal reference of their names mentioned in the complaint given to police which formed the basis for registration of FIR - FIR..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Bail - Cheating - Accused is in custody since 7.3.2024 for more than 2 months and further incarceration of accused would be violation of his rights u/art 21 of Constitution, as trial is likely to take some time - Entire evidence of case is documentary in nature and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Bail - Cheating - Allegation pertain to cheating on assuring visa under the garb of payment of money - Involvement of petitioner and gravity of offence does not entitle petitioner to bail at this stage - Bail application dismissed - However, on completing six months of total custody, if..........
