Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Cheating - Quashing of criminal proceedings - Accused/petitioner dishonestly retained consideration amount paid by complainant for execution of sale deed - Accused returned partial payment that too after filing of charge sheet - Therefore, criminal proceedings cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Complaint u/s 138 of the Act and separate complaint against accused u/s 420 IPC - Maintainability - Ingredients of offence punishable u/s 138 of the Act and S.420 IPC are completely different and in case where prosecution fails u/s 138 of the Act, accused..........
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..........
