Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Transfer of cases u/s 406 Cr.P.C. may be allowed when there is a reasonable apprehension backed by evidence that justice may not be done - Mere convenience or inconvenience of parties may not by itself be sufficient enough to pray for transfer...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Mere inconvenience or hardship that accused may have to face in travelling from one place to other would not fall within the expression expedient for the ends of justice...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering an application for transfer of trial some of broad factors which could be kept in mind are: (i) when it appears that State machinery or prosecution is acting hand in glove with accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of prosecution; (ii)..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Prosecution has not presented any incriminating evidence linking petitioner to alleged offence - Plea of petitioner regarding cheques being handed over which subsequently got dishonoured, matter falls under S.138 of the Act - Petitioner has..........
Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262, 120B -- Cheating - Allegation that appellant in connivance with A-1/power of attorney holder filed tenancy case by showing power of attorney as genuine and impersonated one dead person as landlord - However, signatures on tenancy case and below the..........
Indian Penal Code, 1860, Section 420, 406, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations are criminal breach of trust, cheating, forgery and conspiracy - It cannot be said issue is purely civil in nature - Facts may have flair of both civil and criminal acts - Where both civil and criminal acts are found,..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against distant relatives of husband - No allegations of harassment made against petitioners - Parties never shared a residence and her parents approached petitioners for resolution of issues - It does not appear that petitioners were..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Investigation is at a nascent stage and without investigation, it cannot be ascertained as to whether or not there was intention on part of petitioners to dupe complainants of their hard-earned money by making false promises -..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - No evidence to suggest that petitioner ever received any property from complainant under such a trust - Alleged transaction pertains to sale of land, where complainant's claim is primarily based on alleged breach of a contractual agreement to execute a sale deed - This scenario does not fall within the..........
