Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention..........
Indian Penal Code, 1860, Section 498A, 420, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Parties entered into compromise before Lok Adalat - However, wife withdrew her consent from compromise - Proceedings were re-initiated on vexatious grounds - Allegations against accused are wholly general and omnibus in nature and even if they are taken in..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Complainant purchased land from co-accused - Accused acted as a broker in the execution of deal - He was neither the executant nor witness to the sale deed - No allegation that accused had entered into a criminal conspiracy with any other..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Mere breach of contract does not amount to an offence u/ss 420, 406 IPC, unless fraudulent or dishonest intention is shown right at the beginning of transaction...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Purely civil disputes cannot be converted into criminal cases - Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution, should be deprecated and discouraged...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2)(n), 420, 406, 506 -- Summoning of additional accused - Rape case - Allegations levelled against proposed accused are general and vague in nature - Causal reference of their names without referring to the part specifically attributed to them by saying that they were supporting main accused,..........
Indian Penal Code, 1860, Section 420, 406, 415, 418, 120B -- Cheating - Quashing of proceedings - Dispute regarding sale transaction between parties - There was no allegation of deception and intention to cheat complainant from the inception of transaction - Question of criminal misappropriation does not arise - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 406, 409, 457, 380, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Summoning of additional accused - Offence u/ss 420, 406, 409, 457, 380 IPC and Ss.13(1)(d), 13(2) of P.C. Act - Prima facie evidence on record which make it a triable case against accused - All PWs have..........
