Indian Penal Code, 1860, Section 364, 302, 420 -- Abduction and murder - Cheating - Circumstantial evidence - Cause of death - Prosecution failed to establish probable cause of death of deceased, though it was recorded in inquest panchnama that death was caused by strangulation - Doctor who prepared post mortem report not examined by prosecution to prove contents of report..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Compromise - Parties have amicably settled their dispute - Complainant has no objection if FIR is ordered to be quashed in view of compromise effected between parties - No useful purpose would be served in allowing criminal proceedings to..........
Indian Penal Code, 1860, Section 420 -- Cheating - To hold person guilty of cheating, it must be shown that accused had a fraudulent or dishonest intention at the time of making representation or promise and there must be a culpable intention at the time of making promise - Culpable intention cannot be presumed, merely because he failed to keep up promise subsequently...........
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..........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
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 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute cheating, fraud/deception has to be practiced by an accused at the time of entering into a transaction to induce person so deceived to deliver any property to any person - Once a transaction takes place between parties, subsequent dispute may amount to breach of contract, but not an offence u/s 420 IPC...........
