Indian Penal Code, 1860, Section 420, 465, 468, 471, Passport Act, 1967, Section 12(1)(b) -- Cheating - Forged document - Motive to create forged document by accused is not proved - Prosecution agency has not referred said forged document before handwriting expert to verify it - Want of sanction is fatal to prosecution case and there is no sanction as per S.15 of Passport..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B -- Anticipatory bail - Cheating - Entire case is based on documentary evidence - Moreover, loan has already been repaid by main co-accused - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 420 -- Cheating - Specific charge of forgery u/s 468 and 471 IPC is not proved - It is thus, difficult to prove consequential charge of cheating - Benefit of doubt thus, given to accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Quashing of proceedings - Cheating - Main allegations are levelled against co-accused and others - Only allegation against accused is that they have purchased property in question, which was attached - Nothing is brought on record that at the time when property was..........
Indian Penal Code, 1860, Section 420, 384, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Complainant alleged in the complaint that accused misbehaved with him and his wife on mobile phone twice or thrice using abusive languages and threatened them with dire consequences - It is not alleged in the complaint that accused or her family..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 471, 120B -- Quashing of proceedings - Compromise - Cheating - Dispute between parties settled in view of compromise - No possibility of accused being convicted in the case pending against them - Proceedings qua accused quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Bail - Misappropriation of huge money - Serious allegations of siphoning off huge amount through various shell companies alleged against accused - High Court while releasing accused on bail, has not at all considered the relevant factors including nature and..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - For seeking prosecution of an accused for offences of cheating and breach of trust, intention to cheat must be existing at the inception of transaction - Subsequent development of such intention would not create an element of criminality in the act complained of...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Selling property at a inflated price - Dispute is purely of civil nature - Proceedings quashed...........
