Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of Cheque - Post dated cheque - No amount in account when cheque presented - FIR u/s 420 IPC lodged - Held, there is no bar to prosecute a person for an offence of cheating - Proceedings cannot be quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 453, 380, 120B -- Forged agreement to sell - Quashing of FIR and charge - In the course of investigation disputed documents sent to Forensic Science Laboratory and the report reflects that the documents were forged - Held, it cannot be said that there was no prima facie..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420 -- Dishonour of cheque - Insufficient funds - Offence is covered u/s 138 NI Act - Provision of Section 420 IPC is not attracted unless mala fide intention of the person issuing the cheque is established - Dishonest intention and misrepresentation are to be specifically indicated to..........
Indian Penal Code, 1860, Section 420 -- Agreement to sell - Non performance - Accused denied execution of agreement and receipt of advance - No allegation that accused had fraudulent or dishonest intention at the time of executing agreement - It is a dispute of civil nature - Summoning order set aside...........
Indian Penal Code, 1860, Section 420 -- Cheating - To hold a person guilty of cheating, it is necessary to show that he had a fraudulent or dishonest intention at the time of making the promise...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B -- Bail - Dispute pertaining to money transaction and an amount of Rs.1.10 lacs paid back which was the subject matter of offence - Bail allowed...........
Indian Penal Code, 1860, Section 420, 406 -- Criminal Procedure Code, 1973, Sections 439 and 437 (6) - Offence u/s 420, 406 IPC - Bail - Accused in jail for more than one year - No prosecution witness examined - Trial to take long time - Bail granted...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Compounding of Offence - Offence u/ss 420/467/468/471/120-B IPC - Parties amicably settled the dispute and compromised the matter - Offence not compoundable - However, High Court in exercise of power u/s 482 Cr.P.C. quashed the proceedings...........
Indian Penal Code, 1860, Section 420 -- Allotment of plot - False affidavit by accused that he or his family members did not have any plot in India - Accused is guilty of offence of cheating - This is an inducement to Authority - Conviction u/s 420 IPC upheld...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheque obtained for Rs.10 lakhs as security to enhance cash limit of complainant, drawer of cheque by Manager of Bank and then getting it encashed in other term loan account of complainant - It amounts to cheating...........
