Indian Penal Code, 1860, Section 406, 418 -- Cognizance of offence - Petition for quashing the order - Petitioner installed Central Oxygen Pipeline in the hospital of complainant - Plant had defects and despite repeated requests defects were not rectified - Whether petitioner could be said to have committed criminal act of breach of trust or cheating? No...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420 -- Cheating - Anticipatory bail - Grant of - Only charge against petitioner is that he had duped complainant of Rs.6,75,000/- by taking said money as consideration for sale of land which was subsequently surreptitiously sold to another person - Allegation against petitioner is of a simple..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of charge-sheet - It is not the case that jewellery or cash was ever entrusted to applicants - Held, entrustment of property is an essential ingredient of offence of criminal breach of trust - In absence of any entrustment, applicants cannot be said..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Misappropriation of dowry articles - Cruelty - Anticipatory bail cannot be refused merely on the ground that some of dowry articles were not recovered - Proceedings u/ss 406 & 498-A IPC are not meant for recovery of dowry articles - Complainant if so chooses can..........
Indian Penal Code, 1860, Section 107, 120B, 306, 406, 420 -- Abetment to suicide - Deceased was cheated - Committed suicide - Prosecution under - Propriety - Non-fulfilment of contractual obligations - Non adherence to financial dealings - Petitioner neither provoked nor incited nor urged nor goaded deceased to commit suicide - Held, no offence of abetment is made out -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 336, 120B -- Cheating and criminal breach of trust - Quashing of proceeding - Gist of case made out in civil suit is wholly inconsistent with allegation that defective materials not at all replaced by petitioners as alleged in impugned criminal proceeding - Allegation of no, replacement..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 467, 461, 406, 411, 420, 506, 120B, 34, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/ss 465, 467, 461, 406, 411, 420, 506, 120-B, 34 IPC & S.4 Prevention of Money Laundering Act, 2002 - Economic offences constitute a class apart and need to be visited with a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 467, 461, 406, 411, 420, 506, 120B, 34, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/ss 465, 467, 461, 406, 411, 420, 506, 120-B, 34 IPC & S.4 Prevention of Money Laundering Act, 2002 - Second bail application - Plea that charge sheet has been filed - Collection of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Notice of motion issued and in the meantime interim bail granted - Accused joined investigation - Interim bail made absolute...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 323, 294, 307, 506, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Quashing of criminal proceedings - Matrimonial dispute resolved amicably - Held, criminal proceeding liable to be quashed - Petition allowed...........
