Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d) -- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Civil dispute - Agreement regarding supply of goods with company - Company not made a party in complaint - Vicarious liability mentioned in criminal proceeding - Without making company as party, complaint is defective...........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Civil dispute - Agreement between parties regarding supply of goods - There was no mal-intention of applicants as due money deposited by complainant - Nothing was due towards complainant, as balance amount was already paid by company to complainant, as per own admission of complainant himself - Moreover, civil..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of complaint - Offence u/ss 420, 406, 120-B IPC - Gold given at time of marriage to woman is her Istri Dhan and there is no question of breach of trust or cheating as married woman is absolute owner of Istri Dhan property and can deal it with any manner - Prima facie no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 420, 406, 417, 465, 467, 468, 471, 120B -- Direction for registration of FIR - FIR u/ss 379, 420, 406, 417, 465, 467, 468, 471, 120-B IPC - DDR for loss of document including signed cheques were registered in 2007 by husband of complainant - Whereas cheque in question was issued in 2009,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Financial fraud - Forged documents - Civil and criminal liability - One Time Settlement (OTS) Scheme between parties regarding payment of some of amount - Can only wipe off civil liability of accused and not criminal one - Accused cannot be discharged on the basis of OTS Scheme from criminal liability,..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B -- Cheating - Misappropriation of company funds - Claiming parity with co-accused against whom proceedings were quashed - Complicity of accused in the crime is substantially graver than that of his sister/co-accused - Accused was a senior officer of complainant company and was entrusted with duty of dealing on..........
