Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Second anticipatory bail application - Cheating - Custodial interrogation of applicants is required for recovery of cash and gold jewellery both together amounting to approximately Rs.1.10 Crores - There is no ground for grant of anticipatory bail to applicants at this stage -..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No intention on the part of accused to deceive complainant at the time of execution of work contract between parties - Action of parties have been circumscribed within terms and conditions of said agreement - No ingredients of cheating u/s 415 IPC can be found..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511 -- Cheating - Company - Prosecution of power of Attorney - Company not arraigned as an accused - Prosecution specifically making allegations against Power of Attorney - Petitioner who claims himself to be Power of Agent of Company had alone acted, forged and submitted letter and he in fact signed pleadings..........
Indian Penal Code, 1860, Section 420, 466, 465, 468, 471, 211, 511, Criminal Procedure Code, 1973, Section 227 -- Cheating - Discharge - Statement of witnesses and I.O. prima facie disclosing materials to proceed against accused - Discharge application rightly dismissed...........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Merely because cheques issued had been dishonoured does not mean that complainant has been cheated...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Dishonouring of cheques does not make out a case of cheating, moreso when part payments were made for the goods supplied and the case of accused from the beginning was that they were ready for a settlement of accounts...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Civil suit for rendition of accounts filed but said fact not disclosed in the complaint - If such fact had been disclosed, possibly summoning order might not have been passed - Complaint and summoning order quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Plea that both the proceedings u/s 138 Negotiable Instruments Act and S.420 IPC can go simultaneously - However, in the present case only one remedy u/s 420 IPC is availed - Said plea would have been available only if both the remedies had been availed of by the complainant - Complaint and summoning..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B -- Interim bail - Cheating - Accused already released on bail in 87 criminal cases - Main allegation against accused in present FIR is that certificates are forged - Further, allegation is that person who had issued certificates was not authorized to issue those certificates - Charge..........
