Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Wrong facts mentioned in nomination paper for election does not constitute offence of cheating - Remedy available to complainant is to challenge the election at appropriate forum rather than filing of FIR - Allegation made in FIR does not..........
Indian Penal Code, 1860, Section 420 -- Cheating - There is no delivery of any property or involvement of any valuable security - Even no such allegation in the FIR or in any other paper in the case records - Offence u/s 420 IPC not attracted...........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 411, 465, 467, 468 -- Quashing of FIR - Cheating - Property dispute - Sale deed in question executed by accused in favour of complainant`s wife and she further executed same in favour of third party - Title was clear - No case of misrepresentation - Contention of complainant that some..........
Indian Penal Code, 1860, Section 420 -- Cheating - Distinction between mere breach of contract and offence of cheating - It depends on intention of accused at the very inception which may be judged by his subsequent conduct - However, subsequent conduct may not be the sole test...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to keep promise at the subsequent stage may not be an offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Only allegation against accused is that co-accused in connivance of accused with mala fide intention misappropriated the share amount as also the profit accrued thereon - Neither accused used any defamatory language nor gave any threat or..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, Passport Act, 1967, Section 12 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471 IPC and S.12 of Passport Act - If the allegations made in FIR and evidence collected in support of same taken at face value, do not disclose commission of any offence, FIR can be quashed - FIR..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471 -- Offence u/ss 420, 419, 467, 468, 471 IPC - Quashing of FIR - Civil dispute - Entire dispute between parties is with regard to their respective shares in the property in question and genuineness of disputed document - Dispute if any is thus purely of civil nature - No offence u/ss 420, 419, 467, 468, 471 is made..........
