Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Quashing of FIR - If there had been any iota of truth in the allegations of complainant, then the complainant would not have waited for a period of nearly one year and four months prior to launching the prosecution of accused - Prosecution launched with the object of wreaking..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - No allegation regarding any harassment being given out by the petitioners - No list of dowry articles filed - Wavering statement u/s 161 Cr.P.C. regarding alleged exchange of 101 gold mohars - Bail allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR at initial stage - Criminal breach of trust and cheating - Held, when investigation is in progress Court would not be justified in concluding that there is no material to allow investigation process to continue and/or to quash FIR at this stage and thereby to foreclose..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Sale deeds executed on the basis of power of attorney - Dispute is regarding rendering of accounts to each other - Once the power of attorney for sale of land is given and attorney executed certain sale deeds then it is debatable whether petitioner can be..........
Indian Penal Code, 1860, Section 498, 406, Criminal Procedure Code, 1973, Section 188, 177, 178 -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Complaint - Quashing of - Trust property - Offence of criminal breach of trust - Quashing of complaint sought on the ground of delay in trial - Prima facie conduct of appellant appears to be bad - Held, allowing the proceedings to continue would not be an abuse of process of court -..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Retention of certificates of teacher by management - Teacher resigned during middle of the academic year and failed to pay three months salary as agreed - Management retained certificates of teacher - Non payment of three months salary by teacher as he resigned in the middle of the year gives right to..........
Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 406, 409, Constitution of India, 1950, Article 226 -- Matter of illegal payments to no, existent schools - Accounts opened in the name of no, existent persons and fictitious withdrawal of amount of minority scholarship - Investigation by investigating agency is determinative of complicity of alleged offender -..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 120B, 482 - - Dishonour of cheque - Cheating & criminal breach of trust - Quashing of entire criminal proceedings - None of ingredients required to constitute offence u/s.405 of IPC attracted even if entire allegations are accepted to be true - Necessary pleadings with respect to..........
Indian Penal Code, 1860, Section 406 -- Entrustment of property - Mode and manner of misappropriation - Held, once the entrustment is proved, it is not necessary for prosecution to establish the mode and manner of misappropriation by accused and where accused fails to account for the entrusted property, misappropriation is to be inferred and is deemed to be proved...........
