Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 406, 420, 467, 468, 471 & 120-B IPC - Case based on documentary evidence - Custodial interrogation not required - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 420 -- Cheating - Ingredients of the offence are : (i) there should be fraudulent or dishonest inducement of a person by deceiving him, (ii)(a) the person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) the person so deceived should be intentionally induced..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of contract is not cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed...........
Indian Penal Code, 1860, Section 420, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint proceedings - Complainant purchased a tractor manufactured by appellants - Dealer falsely represented tractor to be 40 HP whereas it was 33 HP capacity - Complaint against both dealer and manufacturer - No allegation against manufacturers - No specific role..........
Indian Penal Code, 1860, Section 420 -- Actual area less than that for which sale deed executed - Civil Court seized of the matter - Summoning order set aside in a revision petition - Order upheld...........
Prevention of Corruption Act, 1988, Section 13(1), (2), Indian Penal Code, 1860, Section 120B, 420 -- Revision petition - Filing of charge sheet against petitioner/accused under PC Act - As per material on record petitioner without verification released ad-hoc payment to accused no.2 - Accused no.2 did not perform any work - Accused No.1 not only mis-used his official post..........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 468, 420, 477A, 34 -- Common intention - Five accused working in a Govt. Department entered into conspiracy to cheat the Govt. - All the accused persons convicted - Held, if one co-accused is acquitted, that does not by itself absolve other co-accused of their conjoint liability of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 420 -- Anticipatory bail - Granted subject to deposit of Rs.32 lakhs - Held, a very unreasonable and onerous condition has been laid down as a condition precedent for grant of anticipatory bail - Impugned order set aside - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 120B, 466, 468, 471, 420, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Offence u/ss 120B, 466, 468, 471, 420 IPC - Accused person allegedly cheated complainant by forging encumbrance certificate and impersonating as original owners executed fake sale deed - Considering the facts and gravity of matter, order..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, Arms Act, 1959, Section 17(3) -- Arms licence obtained by forging police papers for the purpose of fraudulently obtaining the arms licence - Accused can be proceeded with both the actions i.e. for cancellation of arms licence and also criminal prosecution in the matter...........
