Indian Penal Code, 1860, Section 420, 406 -- Cheating - Breach of contract - Criminal law cannot be invoked to settle private civil disputes nor can it be used as a tool of coercion...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Breach of contract - Complainant admitted that he was not in a financial position to pay remaining sale consideration and had signed agreement being fully aware of its contents - Earnest money was paid as part of agreement to sell and agreement clearly stipulated that in the event of default by buyer, earnest money..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Offence u/ss 420, 120-B, 34 IPC - Successive FIR - Section 300 CrPC debars a second trial - This is based on the public policy that no one should be harassed twice for the same offence by putting him to trial again and again - Moreover, it has been well settled that successive FIRs in respect of a same cognizable offence..........
Indian Penal Code, 1860, Section 120B, 415, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss. 120-B, 415, 420, 34 IPC - Appeal against quashing of complaint - Allegation of creating forge family tree and partition deed to secure compensation land, excluding complainant and her sisters - As per record, HC relied on the statement of sub registrar that was..........
Criminal Procedure Code, 1973, Section 372, Copyright Act, 1957, Section 63, 65, Indian Penal Code, 1860, Section 420, 120B -- Issue is whether the Appellant would fall under the definition of `victim' in terms of Section 2(wa) read with the proviso to Section 372 of the CrPC or whether Section 378 of the CrPC would prevail in the facts and circumstances - It is the..........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegation that accused under the pretext of providing Government job to complainant, has collected a sum of Rs.18,58,000 and another sum of Rs.20,000 through bank transfer - Specific allegation made in complaint is that as promised, no appointment orders..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 228 -- Cheating - Framing of charge - Once accused is not told that he is facing charge of cheating the State, he cannot be held liable for cheating the State by holding that error was committed by Trial Court while framing charges...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/Ss. 420, 467, 468, 471, 120-B - Acquittal - Forged agriculturist certificate - Testimony of witnesses - Testimony of prosecution witnesses categorically proved that agriculturist certificate was not attached to sale deeds - Testimony of PW7, PW9 and Sub-Registrar, on whose statement prosecution heavily..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Revision - Cheating - Forged document - Revision court is neither required to interpret provision of Tenancy Act nor determine validity of sale deed, but has to see whether prosecution`s case regarding production of forged agriculturist certificate before..........
