Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34 -- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical..........
Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 406, 408, 420 -- Territorial jurisdiction - Petitioner was transferred from Patiala to Shimla in 1991 - Petitioner was charged with embezzlement in 1995 - Petitioner was removed from service by order of removal was passed at New Delhi exercising jurisdiction over Delhi, Punjab & Rajasthan regions -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406, 506, 323, 34 -- Cancellation of anticipatory bail - Offence u/ss 498-A, 406, 506, 323, 34 IPC - Matrimonial dispute - Nothing was said on merits while granting bail to accused and bail was granted as compromise was arrived at between parties - However, conduct of accused was not..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Compounding of offence - Cheating - Criminal conspiracy - Settlement arrived at between parties - There is every possibility of trial ending in acquittal - Since substantive offence punishable u/ss 506, 420 IPC is compoundable u/s 320 Cr.P.C., offence u/s 120-B IPC should..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 384, 420, 120B -- Two FIRs relating to same offence registered at place `U' (Rajasthan) and at place `H'(Haryana) - Complaint resulting in registration of FIR at `U' was prior to the registration of FIR at `H' - While registering FIR at `U' police was not aware about existence of FIR at..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 418, 420, 406, 465, 468, 120B -- Anticipatory bail - Case based on documentary evidence - Custodial interrogation may not be required - Bail granted...........
