Indian Penal Code, 1860, Section 420, 403 -- Failure to pay rent - May have civil consequences but not a penal offence - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 468, 471, 167, 218, 120B -- Discharge - At the stage of charge, Court is not required to consider pros and cons of case and to hold an enquiry to find out truth - Marshalling and appreciation of evidence is not in the domain of Court at that point of time - What is required from Court is..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 409, 120B -- Quashing of order - Cheating - Investigation of case by police is not held in a fair manner and still statements of complainant and witnesses have not been recorded by I.O - When complainant alleged that statements of complainant and witnesses have not been..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Where offences of forgery and fraud are applied in a case, bar of delay in lodging FIR would not always be considered as a ground to terminate proceedings at the inception when there is strong prima facie evidence to prosecute..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Compromise - Cheating - Dispute pertaining to giving of money for purpose of getting a case decided from a judicial officer is not a case of simplicitor financial dispute - FIR cannot be quashed merely on a basis of fact that matter is compromised and offence involved is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Compromise - Cheating - Dispute pertaining to financial dispute simplicitor can be a ground for quashing of FIR based upon compromise...........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute cheating, concept of deception must exist from very start of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - No material on record that petitioners collected blood sample with an intention of cheating and subsequently issued an incorrect test result with a mens rea of cheating him - Element of cheating was thus, not there while collecting blood sample or while issuing test result - Proceedings against accused u/s 420 IPC quashed...........
