Indian Penal Code, 1860, Section 420, 418, 419, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Dispute in question is of civil nature - Civil suit is pending consideration - When very same issue is seized up before civil Court, complainant cannot pursue criminal proceedings against accused for alleged offence - More so,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 188, Explosives Act, 1884, Section 9B -- Anticipatory bail - Offence u/ss 420, 188 IPC and S.9-B of Explosive Act - Recovery of crackers - Petitioner is a valid licence holder for storing crackers under Explosive Act and said licence is renewed from time to time - However, validity of said..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Simply because some of the co-accused are required to be arrested is no ground to deny the concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Guilt of accused can only be determined during trial - Even though challan has been filed but conclusion of trial is likely to take some time - Moreover, accused persons are behind bars for more than 4 months and their further..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Indian Penal Code, 1860, Section 420, 468, 471 -- Transportation of huge quantity of contraband - Order framing charges - Petitioner conspired in transporting huge quantity of Ketamine etc. along with other accused and sold the same by violating terms and conditions stated in license - He has not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Information Technology (Amendment) Act, 2008, Section 66, 72 -- Quashing of proceedings - Compromise - Cheating - Criminal conspiracy - Parties entered into compromise - Matter between parties has been settled amicably, voluntarily and without any pressure or coercion - Proceedings..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - If on account of closure of commercial activity, any particular person who is associated with such commercial venture, suffers loss, same would not amount to commit an offence by Company u/ss 420, 406 IPC - Proceedings qua directors of such company..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 420, 406 -- Discharge - Cheating and criminal breach of trust - Opening of Bank account as proprietor after dissolution of partnership deed - Not an act of cheating and criminal breach of trust - Accused rightly discharged...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Appeal against conviction - Compromise arrived at between parties and they amicably settled the disputes/differences between them - Compromise has been placed on record - Parties allowed to compound the offences in question - Accused acquitted...........
