Indian Penal Code, 1860, Section 420, 467, 468, 471, 423 -- Cheating and forgery - Allegation that accused with the help of his three brothers, forged the signatures of his father and got transferred the tractor in his own name - However, all the brothers of accused were acquitted except accused - More so, signatures in dispute not compared with standard signatures of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Payment of advance amount - Sale of land to third party at a much higher price and that accused/vendor was not in possession of property - No material on record that complainant took steps for execution and registration of sale deed after paying rest of the amount - In absence of such evidence no..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute an offence of cheating intention to deceive should be in existence at the time of inducement -Mere failure to keep up promise subsequently cannot be presumed to be cheating - Subsequent conduct of accused is relevant to infer that whether he had fraudulent or dishonest intention at the inception i.e when the..........
Indian Penal Code, 1860, Section 420 -- Cheating - No evidence on record that prosecutrix ever handing over her belongings and money to accused - Prosecutrix failed to disclose any date of handing over money to accused - There is in fact no evidence on record to prove allegations constituting an offence u/s 420 IPC - Offence u/s 420 IPC not made out against accused -..........
Indian Penal Code, 1860, Section 376, 420 -- Rape - Cheating - Promise of marriage - Prosecutrix has nowhere alleged that petitioner has no intention to marry her since beginning - In fact, parents of petitioner approved their marriage but later due to some dispute between parties, marriage could not be materialized - Prosecutrix had never raised any grievance before any..........
Indian Penal Code, 1860, Section 420 -- Cheating - One of the essential ingredients for the offence of cheating is deception...........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - Quashing of complaint - Complaint filed after a period of 12 years of execution of registered sale deeds in question - Complainant neither party to sale deeds nor a member of Society - More so, from the contents of complaint it nowhere reflects that complainant was deceived or he or anyone else was induced to deliver..........
Indian Penal Code, 1860, Section 468 -- Forgery - Quashing of charge - Prosecution contended that petitioner forged the documents of treatment for the purpose of cheating - Date, time of death of patient, issuance of death certificate with such information or authorization on behalf of petitioner is a matter of evidence and can be decided only upon evidence is adduced by..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Compromise - Quashing of FIR - Dispute between parties amicably settled - Complainant does not want to pursue the case against petitioner - Offence u/s 420 IPC along with proceedings emanating thereto, quashed - Petition allowed...........
