Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Criminal Procedure Code, 1973, Section 482, 0 - - Offence u/ss 420, 120-B IPC and Ss.13(1)(D), 13(2) of P.C. Act - FIR was registered as back as in the year 2012 and since then investigation is going on - Petitioner retired from service in the meantime - No case for..........
Indian Penal Code, 1860, Section 420, 467, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Conspiracy - A-1 with connivance of deceased sanctioned loan in violating rules and regulations for their personal gains in order to cheat bank - There is sufficient evidence on record against A-1 - However, no evidence on record against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Second bail application - Cheating - Accused 65 years old arrested in May 2019 - Charge sheet has already been filed - No recovery is now required to be effected from accused - Accused released on bail...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Kidnapping - Quashing of summoning order - Grievance of complainant is that all the persons named in complaint not summoned - However, Magistrate cannot work as mouth piece of complainant and thus, not bound to summon all persons named in complaint, if there is no sufficient grounds to proceed against..........
Indian Penal Code, 1860, Section 420, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Allegation that Rs.2 lacs was taken by accused with an assurance for getting job at Railway to son of complainant - However, neither job was given nor money was returned back for which persistent demand was made by complainant and protest..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Fraud and deception in delivery of property by fraudulent acts - Magistrate passed summoning order after appreciating facts and evidence brought on record - High Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to..........
Indian Penal Code, 1860, Section 420 -- Cheating - Transfer of property - Omission to disclose by seller that there is a defect in title which defect buyer can with ordinary care discover does not amount to cheating...........
Indian Penal Code, 1860, Section 420 -- Cheating - Transfer of property - Defect in title - There is difference between mere concealment or non disclosure and a false representation - There is no legal duty for vendor of immovable property to disclose any charge or encumbrance, yet, if a false representation is made and acted upon, and as a result, money passed, then tough..........
Criminal Procedure Code, 1973, Section 438, 154, Indian Penal Code, 1860, Section 120B, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4, Constitution of India, 1950, Article 20(1) -- Anticipatory bail - Occurrence was of year 2007-2008 and FIR registered in year 2017 - Ss.120B, 420 IPC were include..........
Criminal Procedure Code, 1973, Section 172(3), Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Case Dairy - Court can peruse case diary/materials collected during investigation by prosecution even before commencement of trial inter-alia in circumstances..........
