Indian Penal Code, 1860, Section 420 -- Cheating - Framing of charge - Petitioner fraudulently and dishonestly took Rs.12, 90, 000/- from complainant on a false assurance of arranging a shop for her - Allegations supported by two witnesses to the transaction - It cannot be said that there was no payment of money - Petitioner, after money, locked his shop and disappeared..........
Indian Penal Code, 1860, Section 415, 420, 34 -- Cheating - mens rea - Accused a branch manager of bank allegedly caused wrongful loss to bank in granting advances to firm - No evidence to prove dishonest intention of accused to obtain any illegal gratification from concerned firm - Ingredients of fraudulent and dishonest intentions on the part of accused not proved beyond..........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - There must be fraudulent or dishonest intention on the part of accused at the beginning of the transaction - If fraudulent or dishonest intention becomes after the initial transaction then liability of accused would be of civil nature and criminal prosecution is not maintainable with..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Accused had no machinery and equipments for manufacturing GIC sheets - Inspite of that they made the statement that they had machinery and equipments for manufacturing GIC sheets and would also supply the same within the agreed time - On the basis of this..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Summoning order - Quashing of - Commercial transactions between parties - Certain purchases were made by petitioner and he made payment and only Rs.2,91,669/- remained unpaid - Held, this is a simple case of recovery of money - It cannot be inferred that intention of applicant was..........
Indian Penal Code, 1860, Section 420 -- Cheating - Accused as a Branch Manager by officially abusing his position, allowed the misuse of facility of discounting of bills, thereby causing wrongful loss to the bank - Defence evidence showing that non adherence of bank limit is a normal practice - It cannot be termed as illegal as it sought to be resorted to achieve the..........
Indian Penal Code, 1860, Section 420, 406 -- Absence of intention to cheat and/or defraud - An action in criminal Court does not lie...........
Indian Penal Code, 1860, Section 420 -- Idea of cheating complainant from the beginning - If intention to cheat was not there then accused would not have furnished forged and fabricated documents and would not have diverted funds into other companies other than the company to which the complainant advanced money - No ground to quash proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Loan transaction - Dishonour of cheque - Loan in question has been taken by accused - Accused issued cheques to discharge legal liability arising out of loan - When said cheques were presented for encashment, same were returned back with report that "not sufficient funds" - Accused..........
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..........
