Indian Penal Code, 1860, Section 406, 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 482 -- Criminal Breach of trust & cheating - Quashing of proceedings - FIR, Investigation and charge sheet prima facie disclose that accused along with others were involved in alleged offences - FIR and charge sheet have to undergo..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 482 -- Cheating - Double jeopardy - Quashing of proceedings - Earlier accused was acquitted u/s 138 of N.I.Act - Subsequently complaint filed u/s 420 IPC on the basis of same facts alleged in earlier complaint - Even though offence pleaded in..........
Indian Penal Code, 1860, Section 420 -- Cheating - For an offence of cheating the dishonest intention must be shown to exist at the time of entering into the contract...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to fulfill a promise cannot be a ground to draw proceedings for prosecution u/s 420 IPC - The essential ingredient of the offence of cheating is dishonest misrepresentation on the part of accused at the time of making promise...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B -- Additional accused - Cheating and forgery - Allegation that fake sale deeds were got registered by accused in connivance with one another - Neither any specific role in execution of sale deeds in question has been attributed to petitioners nor they were present at..........
Indian Penal Code, 1860, Section 420 -- Cheating - Applicant is a purchaser - No allegation of dishonesty making any false and misleading representation against applicant - Therefore proceedings against applicant amount to abuse of process of court and as such to secure the ends of justice the same deserve to be quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Essential ingredients are : (i) deception of a person either by making a false or misleading representation or by dishonest concealment or by any other act or omission; (ii) fraudulent or dishonest inducement of that person to either deliver any property or to consent to the retention thereof by any person or to..........
Indian Penal Code, 1860, Section 420, 166, 167, 463, 464, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner, Sub-Divisional Officer, exercising jurisdiction under Rajasthan Tenancy Act and Land Revenue Act alleged to have conspired with other accused persons and got mutation in name of plaintiff for wrongful gains - No allegations made in FIR that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 448 -- Anticipatory Bail - Cheating - Preparing false rent deed - Offence based on documents which are already in possession of investigating officer - Investigation is complete - Custodial interrogation of petitioner is not warranted - Held, in event of arrest, petitioner shall be released..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420 -- Bail - Cheating - Petitioner was only extending help to co-accused by bringing persons/customers, whose amount was taken by main accused on the promise to double the amount - Co-accused already released on bail - Continuous detention of petitioner not warranted - Period of police..........
