Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Material on record shows that in same subject matter and same facts on basis of which FIR in question has been lodged, there is judgment of competent Tribunal with categorical finding that petitioner did no wrong - Said judgment of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forgery - Interpolation of cheque - Scribe i.e payer/complainant made slip of pen in between words of amount written on cheque - He appended his signatures to ratify cutting and validated the cheque - Bank did not dishonor the cheque on ground that rectification/alteration amounts to mutilation - Trial..........
Indian Penal Code, 1860, Section 193, 203, 420, 467, 468, 471 -- Offence u/ss 193, 203, 420, 467, 468, 471 IPC - Wrong facts in nomination paper to escape disqualification pertaining to third child cannot be considered so as to constitute offence of cheating - Allegation made in FIR do not disclose any cognizable offence - At the most remedy available to complainant was to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - In the instant case, petitioners supplied all sensitive information to contractor about internal meetings of committee of officers who laid down norms and terms of contract and..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 201, 34 -- Compliant u/ss 420, 467, 468, 471, 120-B, 201, 34 IPC - Warrant case - Death of complainant - There is no provision in Chapter XIX, `Trial of warrant cases by Magistrate' that in event of death of complainant, complaint is to be rejected - Thus, legal heirs of complainant rightly permitted to come on..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 166, 167, 120B -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 166, 167, 120-B IPC - Family dispute - Allegation that mutation entries wrongly recorded by illegal act of accused - Admittedly, civil and revenue proceedings regarding wrong mutation entries continuing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of order framing charges - Offence u/ss 420, 467, 468, 471, 120-B IPC - Role of petitioner is not described in basic Istagasa (Complaint) - Petitioner was an Advocate and merely identified the documents in question - Even complainant himself has not alleged..........
Criminal Procedure Code, 1973, Section 41A, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 34 -- Mere allegation of S.467 IPC in the FIR or the complaint, in the absence of original documents claimed to be forged, does not debar police to apply S.41-A of the Code...........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 469, 471 -- Matrimonial dispute - Compromise - Amicable settlement arrived at between parties not only separating from each other but also to settle all other ancillary litigation pending between parties - Even though some of criminal cases between parties are in respect of no, compoundable offences, however, High Court..........
