Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 469, 471, 34 -- Quashing of proceedings - Issuance of blank cheques - Allegation of converting the blank cheques into valuable documents and presented the same for encashment and getting the same dishonoured with mala fide intention - Present proceedings are counter blast of proceedings..........
Indian Penal Code, 1860, Section 420, 406, 447 -- Cheating - Complainant alleges that accused has encroached his property and put up construction and thereafter he accepted encroachment and also promised to pay cost of land or provide alternate site but he failed to fulfil the promise - However, no material on record to prove that there is an encroachment by accused - Even..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420 -- Anticipatory bail - Criminal breach of trust - Cheating - Petitioner is 80 years of age - Age though is a relevant factor for consideration of his prayer for pre-arrest bail, but taking into account the fact that petitioner along with his son/co-accused committed criminal breach of..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed - Fact that accused surrendering land with Municipal Council and obtaining patta for said land was also concealed by accused - No..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 406, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Matrimonial dispute - Compromise arrived at between parties - Chance of ultimate conviction is bleak - No useful purpose is likely to be served by allowing a criminal prosecution against..........
Indian Penal Code, 1860, Section 498A, 406, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of two FIRs - Settlement - Offence u/ss 498-A, 406, 506, 509, 34 IPC - Matrimonial dispute - Wherein matrimonial relation is brought to an end by mutual consent and parties are eager to move on with their respective lives seeking closure and if there is nothing..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused entered into agreement with complainant for purpose of selling of land - Agreement was later on cancelled by accused - Complainant demanded amount received by accused - Dispute between parties is purely civil in nature - Court, without expressing..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell - Dominion of property not entrusted to buyer - Property neither of some other person nor accused was holding such property on trust for other person - Non execution of sale deed or no, refund of earnest money - Does not amount to criminal breach of trust...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - For attracting S.406 IPC, sine qua non is initial entrustment of property with free consent of prosecutor...........
Indian Penal Code, 1860, Section 406, 420 -- Offence u/ss 406, 420 - There is fundamental inconsistency between offence u/ss 406, 420 IPC - On same set of facts, offences u/ss. 406, 420 IPC cannot stand together, being anti-thesis of each other...........
