Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of FIR - Offence u/ss 406, 420 IPC and Ss.3, 4 of Prize Chits and Money Circulation Schemes (Banning) Act - It is a case where both parties are alleging violation of terms and conditions of agreement..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
Indian Penal Code, 1860, Section 498, 420, 406, 120B -- Dispute mainly a matrimonial dispute - Matrimonial discord resolved by mutual divorce - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Cheque drawn by co-accused and not applicant - Applicant has nothing to do with the business transactions in which alleged amount of Rs.2.50 lakhs was paid by complainant in order to establish business of her son - Order of summoning of applicant is erroneous -..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Work contract between parties - Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing complainant to enter into work contract - Dispute between parties is of civil in nature and as per arbitration clause in agreement, complainant can very well approach arbitrator..........
Indian Penal Code, 1860, Section 405, 406, 415, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - An attempt has been made to cloak a civil dispute with a criminal nature despite the absence of ingredients necessary to constitute a criminal offence - Complaint amounts to abuse of process of Court -..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Non-payment of entire invoice amount by accused/company as agreed between parties - Petitioner contended that he ceased to be Director of company on the relevant time thus, no liability arose when he was a Director of Company - Contention..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 506 -- Anticipatory bail - Cheating - Petitioner directly approached High Court for seeking anticipatory bail - Reasons for the same are that petitioner belongs to State of U.P and case registered in State of Haryana, all male members of his family are involved in the case and..........
