Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown to exist right at the beginning of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - Merely on the allegation of failure to keep a promise will not be enough to initiate criminal proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Cheating - Quashing of FIR - Accused being power of attorney executed sale deed in favour of wife of complainant - Offence of inducement to purchase property as disclosed in the FIR, was allegedly committed by some other co-accused - Patta was issued by and to some other co-accused and accused was not a..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of FIR - Merely because a civil remedy may be available to complainant that itself not a ground to quash criminal proceeding - On a bare reading of FIR a cognizable offence is made out - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 342, 386, 504, 506 -- Cheating - Quashing of proceedings - FIR in question came to be lodged after a period of 14 years from alleged illegal acts of accused - No specific time and date of alleged offences disclosed in FIR - Entire case put up by complainant on the face of it appears to be concocted and fabricated -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Mere non-payment of money paid under a contract cannot be a ground for initiation of criminal proceedings and it certainly cannot be a ground for rejection of application for grant of anticipatory bail...........
Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
