Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Criminal Procedure Code, 1973, Section 482, 4, 5, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Delay in lodging FIR - Ss.4 & 5 Cr.P.C. not applicable as it is criminal jurisdiction which is invoked and not jurisdiction u/s 138 Negotiable Instruments Act - FIR cannot be said to be belated as Ss.420, 406, 120-B IPC permits lodgement of FIR within..........
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 376, 420 -- Rape - Compromise - Matter between parties settled in view of compromise - Victim has solemnized marriage with accused after attaining age of majority - Couple is stated to be residing happily with each other - Possibility of conviction is remote and bleak and continuation of criminal case will cause injustice to parties -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second anticipatory bail application - Accused by submitting forged documents had received benefits of a revised pay scale from department and prima facie committed offences in question - Custodial interrogation of accused is required for recovering original documents and..........
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 379, 420, 201, 120B -- Bail - Offence u/ss 379, 420, 201, 120-B IPC - Accused was neither named in FIR nor seen in CCTV footage - It is the car of accused which was seen in CCTV footage and as per disclosure statement of accused, said car was being used by his brother and his cousin - Accused is..........
