Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 466, 467, 468, 218, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Anticipatory bail - Offence u/ss 420, 406, 466, 467, 468, 218, 471, 120-B IPC and Ss.13(2), 13(1)(c), 13(1)(d) of P.C Act - Allegation against petitioners are uploading fake forms of..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Appeal against acquittal - Leave to appeal - Civil dispute between parties - Ingredients of criminal offence were not established on record - Even civil suit for possession was filed by complainant and suit was decreed - Grievances of complainant has been properly addressed - No infirmity in impugned order of..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Addition of charge u/s 406 IPC and Ss.3, 4, 6 of Dowry Prohibition Act - No specific allegations with regard to entrustment of property and also misappropriation of same by A-1 to A-3 - In absence of any material both the Courts below have..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order rejecting permission to go abroad - Cheating - Petitioner is a green card holder and he came to India for managing his properties and he was involved in present litigation - Case is at the stage of presentation of supplementary challan and it will take some..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Application for anticipatory bail was rejected by High Court - However, Supreme Court vide its earlier order granted stay of arrest - Having regard to facts and circumstances of case, appellant should be granted benefit of provisions..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406 -- Anticipatory bail - Dismissal of application on ground of non-deposit of amount - Second application for anticipatory bail - Maintainability - Only allegation against petitioner is that he had not deposited the amount - Now, petitioner has deposited the amount with interest - In view of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Simply because some of the co-accused are required to be arrested is no ground to deny the concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Guilt of accused can only be determined during trial - Even though challan has been filed but conclusion of trial is likely to take some time - Moreover, accused persons are behind bars for more than 4 months and their further..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - If on account of closure of commercial activity, any particular person who is associated with such commercial venture, suffers loss, same would not amount to commit an offence by Company u/ss 420, 406 IPC - Proceedings qua directors of such company..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 420, 406 -- Discharge - Cheating and criminal breach of trust - Opening of Bank account as proprietor after dissolution of partnership deed - Not an act of cheating and criminal breach of trust - Accused rightly discharged...........
