Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220, Indian Penal Code, 1860, Section 420 -- Joint trial for offence of cheating and dishonour of cheque - Offences of dishonour of cheque and cheating though are totally distinct and their ingredients also different still accused can be charged and tried for both offences during single..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Quashing of criminal proceedings - Offence u/ss 420, 120B IPC - Prima facie case for offences u/ss.420, 120B IPC made out - Issuance of summons held, proper - Proceedings cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 34 -- Offence of cheating and dishonour of Cheque - Complainant entered into an agreement with the land owner for the development of land - Said agreement could not fructify and materilise as `no objection' could not be obtained - Complainant reconciled with the situation and agreed to..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Simultaneous proceedings can be initiated u/s 138 of NI Act as well as u/s 420 IPC...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 379, 420 -- Quashing of proceedings - Compromise effected between disputing parties pursuant to which complainant is no more desirous to pursue with case for securing a conviction of accused persons - Held, no useful purpose would be served by continuance of proceeding in the light of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
Criminal Procedure Code, 1973, Section 428, Indian Penal Code, 1860, Section 255, 258, 420 -- Set off - Accused was under-trial prisoner - Nothing on record showing that accused was remand prisoner at relevant period of time - Accused being confined in jail throughout the trial period and being produced before the trial Court periodically - Merely because he was not..........
Indian Penal Code, 1860, Section 420, 34, 406, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 5, 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 34, 406, 120-B IPC and Ss.5, 6 Prize Chits and Money Circulation Scheme (Banning) Act - Petition to quash FIR and proceedings - FIR indicates a dispute between the complainant and..........
Indian Penal Code, 1860, Section 120B, 420, 468 -- First charge sheet filed after obtaining sanction u/s 19 of the Corruption Act - Accused discharged u/ss 120-B, 420, 468 and 471 IPC for want of sanction for prosecution u/s 197 Cr.P.C. - Second charge sheet filed after obtaining sanction u/s 197 Cr.P.C. - Held, second charge sheet is maintainable and not barred as the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 420, 407 -- Bail - Grant of - Accused/petitioner was involved in commission of anti-social offence - Held, in such types of offences which affect health of general public, accused petitioner is not entitled for bail...........
