Indian Penal Code, 1860, Section 420, 467, 468, 471, 406 -- Cheating - Complaint a counter blast to the complaint filed by accused u/s 138 Negotiable Instruments Act - It is a clear case of abuse of process of law - Complaint quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Every breach of contract does not give rise to an offence of cheating - Only in those cases breach of contract would amount to cheating where there was any deception played at the very inception - If intention to cheat has developed later on, same cannot amount to cheating - Even in a case where..........
Indian Penal Code, 1860, Section 420, 465, 177, 181, Criminal Procedure Code, 1973, Section 245 -- Cheating and forgery - Discharge - Nowhere complainant or any of his two witnesses stated that accused knew that information that he was certifying to be correct was false or he had reason to believe that information was false - Some assertion on their part in this regard is..........
Indian Penal Code, 1860, Section 364A, 420 -- Kidnapping for ransom - Cheating - Accused demanded Rs.2.50 lakhs for returning the son of complainant - Two official witnesses following complainant on a motorcycle and they apprehended two accused at the spot - These official witnesses had no animus against accused - It is not a case of planned abduction or demand of ransom,..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Contractual allegations - A distinction has to been kept in mind between mere breach of contract and the offence of cheating - It depends upon intention of accused at the time of the inducement - Subsequent conduct is not the sole test - Mere breach of contract cannot give rise to criminal prosecution for cheating..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Cheating - Allegation that accused persons committed offence of cheating with the help of forged Will for purposes of mutation of land belonging to husband of complainant - No certified copy or original proceedings of Revenue case ever produced or used as evidence before Trial Court - No evidence on record that..........
Indian Penal Code, 1860, Section 420, 467 -- Cheating - Fabricating false record - Complainant filed civil suit challenging decision of Electricity Board in returning his tender documents on the ground that the same were not as per pre-qualifying conditions of the tender and was dismissed as withdrawn and order of civil court was challenged by filing writ petition which..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal Breach of trust & cheating - Quashing of proceedings - No objection certificates and other certificates required for lease were obtained fraudulently and with a criminal intention by petitioners - Petitioners contended that matter is purely of civil nature as allegations..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence of cheating - Accused alleged to have entered into agreement to sell an open land to complainant and received consideration - Thereafter, despite repeated requests of complainant, accused did not execute sale deed and later on she sold disputed land to someone else..........
