Indian Penal Code, 1860, Section 420, 467, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Conspiracy - A-1 with connivance of deceased sanctioned loan in violating rules and regulations for their personal gains in order to cheat bank - There is sufficient evidence on record against A-1 - However, no evidence on record against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Second bail application - Cheating - Accused 65 years old arrested in May 2019 - Charge sheet has already been filed - No recovery is now required to be effected from accused - Accused released on bail...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Kidnapping - Quashing of summoning order - Grievance of complainant is that all the persons named in complaint not summoned - However, Magistrate cannot work as mouth piece of complainant and thus, not bound to summon all persons named in complaint, if there is no sufficient grounds to proceed against..........
Legal Metrology Act, 2009, Section 3, 51, Indian Penal Code, 1860, Section 415, 467, 468, 471, 34, 120B - - Exclusion of applicability of IPC - Offence u/ss 415, 467, 468, 471, 34, 120-B IPC - Offences in question are not punishable under provisions of the Act, therefore prosecution for such offences could be maintained since trial of such offences is not inconsistent with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Compromise - Parties have amicably settled their dispute - Complainant has no objection if FIR is ordered to be quashed in view of compromise effected between parties - No useful purpose would be served in allowing criminal proceedings to..........
Indian Penal Code, 1860, Section 302, 201, 382, 467, 468, 420, 210, 411, 120B, 34 -- Murder - Circumstantial evidence - Accused acquitted as following circumstances not proved against them: (i) absence of missing report of deceased; (ii) last seen evidence not proved; (iii) Police not conduced Test identification parade and even there was lot of delay in identification of..........
Indian Penal Code, 1860, Section 408, 467, 468, 471 -- Misappropriation of public fund by making false entries in Pass Books of account Holders of Post office - Out of 19 witnesses only 13 witnesses have been examined as account Holder's witnesses - However, none of these witnesses except PW13 is the account holder of those account numbers, which were put to accused in..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed - Fact that accused surrendering land with Municipal Council and obtaining patta for said land was also concealed by accused - No..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
