Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - For seeking prosecution of an accused for offences of cheating and breach of trust, intention to cheat must be existing at the inception of transaction - Subsequent development of such intention would not create an element of criminality in the act complained of...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations in FIR made against all the accused to hatch conspiracy and to grab money of complainant with the help of petitioner - Indisputably amount of Rs.11 lacs of complainant has been pocketed by accused - FIR in question is at initial stage of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Prima facie on reading of contents of complaint, case for commission of offence in question is made out - It is a matter of investigation as to what is the role of petitioner - At this stage, it cannot be said that petitioner has been..........
Indian Penal Code, 1860, Section 420, 468, 465, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Parties allowed to compound offence u/s 420 IPC, however Trial Court not attested the offences punishable u/ss 468, 465, 471 IPC - Complainant does not want to press charges levelled against petitioner in relation to offences punishable..........
Indian Penal Code, 1860, Section 420 -- Cheating - Allegation that accused furnished bogus appointment order to 26 persons - However, accused pleaded that once the accused acquitted under charge of forgery, offence u/s 420 IPC can also go - Plea rejected, as from evidence of PW1 accused represented to PW1 that they will get employment and upon such promise PW1 delivered a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471 -- Bail - Cheating - Substantial amount of alleged share of accused stands recovered - Investigation of case is complete and conclusion of trial is likely to take time - Accused has no criminal antecedents - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Bail - Cheating - Petitioners were involved in multi-person scam involving more than 200 crores from inception of the same - Both were instrumental in misleading the public into investing in the scheme with no intention of returning money - There are more than 900 complaints..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506 -- Quashing of FIRs - Cheating - Offences in question are made out against accused as per contents of FIRs - Multiple FIRs have been lodged against accused in around four years by different businessmen leveling similar types of allegations - Whether the allegations in FIRs are..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Petitioner directed to appear before I.O by granting interim bail - He having joined the investigation - Order granting interim bail to petitioner made absolute...........
