Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Indian Penal Code, 1860, Section 420, 415, 418, 405, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Breach of contract would not attract breach of trust or cheating - Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for damages - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Business transaction between parties - Complainant has not completed the work and work was further executed through third party and if such dispute is there that too in a case of commercial transaction, criminal action cannot be allowed to continue - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 406, 420, 120B -- Cruelty - Allegations against family members of husband - General, vague and omnibus allegations were levelled against accused in the FIR - No specific role is attributed to accused except causal reference of their names mentioned in the complaint given to police which formed the basis for registration of FIR - FIR..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Allegation that appellant failed to procure and supply the machine even after taking the advance money from complainant - But there is nothing on record to show that appellant had any ill intention of cheating or defrauding the complainant from the very inception - Transaction between the parties was purely..........
Indian Penal Code, 1860, Section 420, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute of civil nature - Dispute between parties settled - Criminal proceedings is nothing but an abuse of process - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention..........
