Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust, cheating - Two accused fraudulently withdrawing cash from account of a company - One accused permitted another accused to withdraw cash through debit slips - Amounts to fraudulent withdrawal of cash without authorization - Conviction, held, proper...........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC and S.4 Dowry Prohibition Act - Complainant herself stated in her statement that she implicated appellants herein out of anger and they had no role in the family dispute and they were not party in making any demand of..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Convenience of a party is one of the relevant considerations but cannot override all other considerations such as availability of witnesses exclusively at original place, making it virtually impossible to continue with trial at the place of transfer and progress of which would naturally be impeded from that..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Convenience of parties does not mean convenience of petitioner alone who approaches Court on misconceived notions of apprehension - Convenience for purposes of transfer means convenience of prosecution, other accused, witnesses and larger interest of society - Apprehension voiced by petitioner of possible..........
Criminal Procedure Code, 1973, Section 438, 188, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Offence committed outside India - Cheating - No previous sanction of Central Government was taken u/s 188 Cr.P.C. - Except investigation by police, inquiry and investigation is barred u/s 188 Cr.P.C. - Moreover, dispute arose in connection with a business..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Matrimonial dispute - Husband declared proclaimed offender (PO) - Compromise - Wife stated that compromise is out of her own free will, without any coercion or pressure - Plea of husband that order declaring him PO is in violation of provisions of law as he was admittedly in USA..........
Protection of Women From Domestic Violence Act, 2005, Section 27, 12, 17, 18, 19, 20, 22, 23, Indian Penal Code, 1860, Section 498A, 406, 34 -- Territorial jurisdiction - Complaint u/ss 27, 12, 17, 18 to 20, 22 & 23 of PWDV Act and FIR u/ss 498-A, 406, 34 IPC - Quashing of complaint and FIR - Complainant is the aggrieved person who is resident of Delhi, where..........
Indian Penal Code, 1860, Section 354A, 354B, 354C, 354D, 406, 506, 504 -- Summoning order - Offence u/ss 354-A, 354-B, 354-C, 354-D, 406, 506, 504 IPC - Allegations made by prosecutrix against accused in FIR supported by her statements u/ss 161, 164 Cr.P.C along with statement u/s 161 Cr.P.C of independent witnesses, by which they have given vivid description about nature..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right at the time of entering..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 306, 201, 34 -- Anticipatory bail - Cheating - Abetment of suicide - Suicide note - Prima facie materials so collected by prosecution are not sufficient to show that petitioners instigated or intentionally aided deceased to commit suicide - It is not imperative for an effective..........
