Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 2(d) -- Cheating - FIR registered by Inspector of Police attached to Lokayukta Police Station on the basis of facts published in the newspaper - An inspector of police who is on deputation to Lokayukta has got every power u/s 2(d)..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 406 -- Cheating - Complaint a counter blast to the complaint filed by accused u/s 138 Negotiable Instruments Act - It is a clear case of abuse of process of law - Complaint quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Every breach of contract does not give rise to an offence of cheating - Only in those cases breach of contract would amount to cheating where there was any deception played at the very inception - If intention to cheat has developed later on, same cannot amount to cheating - Even in a case where..........
Indian Penal Code, 1860, Section 420, 417, 418, 120B, 34 -- Cheating - Breach of contract - Nothing on record to show that at the very inception there was any intention on behalf of accused persons to cheat, which is a condition precedent for an offence u/s 420 IPC - Complaint does not disclose any criminal offence at all - Criminal proceedings should not be encouraged..........
Indian Penal Code, 1860, Section 420, 465, 177, 181, Criminal Procedure Code, 1973, Section 245 -- Cheating and forgery - Discharge - Nowhere complainant or any of his two witnesses stated that accused knew that information that he was certifying to be correct was false or he had reason to believe that information was false - Some assertion on their part in this regard is..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Closure of defence evidence - Quashing of order - Despite of several opportunities, petitioner failed to produce any defence evidence - Trial Court committed no error by closing the opportunity of petitioner to produce defence evidence - Petition dismissed...........
Indian Penal Code, 1860, Section 420, 504, 506 -- Offence u/ss 420, 504, 506 - Compliant filed as a counter blast to complaint filed u/s 138 Negotiable Instruments Act - Plea that cheque not returned after accepting the amount - It is a matter of defence in the proceedings initiated u/s 138 of N.I. Act and petitioner would be getting appropriate opportunities in the..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, 506 -- Cheating - Agreement to sell - Sale of property to third person - Property sold to subsequent vendees much after the relevant date to execute the sale deed - Question of any dishonest intention or cheating did not arise - Civil suit for specific performance already filed - Dispute between parties is purely of..........
Indian Penal Code, 1860, Section 420, 465, 467, 471 -- Forgery - Cheating - Reduction of sentence - Dispute related to sale of land - Dispute is in personal nature and civil remedy is also available to complainant - Petitioner had already undergone the imprisonment for the period of 3 months and 15 days out of total punishment - Petitioners are facing trial for last 10..........
