Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 201, 120B -- Bail - Cheating - Several criminal cases including private complaints u/s 138 of N.I. Act is registered against accused - No case of grant of bail to accused in such cases is made out - Even in four FIRs accused declared P.O - Apprehension of State that if accused is granted..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 408, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Anticipatory bail - Cheating - Petitioner is joining and co-operating investigation - He is not in a position to tamper with prosecution evidence nor in a position to flee from justice, as he is permanent resident of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 120B -- Quashing of summoning order - Offence u/ss 406, 120-B IPC - Court below while summoning accused did not look into entire material in terms of police report which is on record and also did not question and try to elicit as to whether articles were demanded - No statement with regard to..........
Indian Penal Code, 1860, Section 420, 406, Information Technology Act, 2000, Section 66D -- Cheating - Settlement - Quashing of FIR - Dispute was regarding parcel of land which complainant had purchased by registered sale deed - Settlement arrived at between parties - Dispute is private and personal in nature - Continuance of proceedings would lead to wastage of precious..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Bail - Violation of an agreement or non payment of balance due - Whether an offence u/s 420 IPC or 406 IPC is made out or not is a matter to be investigated by investigating officer - For that purpose, custodial interrogation is not necessary - Bail granted...........
Indian Penal Code, 1860, Section 498A, 506, 323, 406, 34 -- Offence u/ss 498-A, 506, 323, 406, 34 IPC - Husband and wife compromised the matter - Proceedings quashed against distant relative of husband and wife...........
Indian Penal Code, 1860, Section 376, 406, 506, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Relationship interse parties from 2014 till application was given in the year 2019 - Parties also travelled out of station to various places - Accused already undergone 5 months and 10 days imprisonment as per custody certificate and it is not a case where..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 406 -- Quashing of proceedings - Compromise - Offence u/ss 323, 504, 506, 406 IPC - Parties entered into compromise - Dispute is in the realm of petty dispute, as there is no element of morality or public damage at large - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 406, 465, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Bail - Cheating - Period of nine months has passed from date of filing charge sheet - Trial of case not commenced - Accused who is admittedly 62 years of age has already spent nearly a year in judicial..........
