Indian Penal Code, 1860, Section 405, 406, 409, 34 -- Accused Chairman of Maharashtra State Electricity Board (MSEB) - Respondent company entered into contract with MSEB for execution of work - Respondent company deposited Rs 5, 00, 000/- with MSEB as security - Dispute having arisen, MSEB adjusted Rs.5, 00, 000/- against dues payable by respondent company - Respondent..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Summoning order - Quashing of - Commercial transactions between parties - Certain purchases were made by petitioner and he made payment and only Rs.2,91,669/- remained unpaid - Held, this is a simple case of recovery of money - It cannot be inferred that intention of applicant was..........
Criminal Procedure Code, 1973, Section 320(5), 482, Indian Penal Code, 1860, Section 406 -- Appeal against conviction - Parties compromised during pendency of appeal - Quashing of proceedings - Held, once the accused had availed the statutory remedy of appeal for setting aside the judgment of conviction and order of sentence, then the petition u/s 482 of the Cr.P.C. for..........
Indian Penal Code, 1860, Section 420, 406 -- Absence of intention to cheat and/or defraud - An action in criminal Court does not lie...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Loan transaction - Dishonour of cheque - Loan in question has been taken by accused - Accused issued cheques to discharge legal liability arising out of loan - When said cheques were presented for encashment, same were returned back with report that "not sufficient funds" - Accused..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 320, 482 -- Office u/ss 406, 420 IPC - Compounding of offence - High Court should not order compounding of offence which are not specifically mentioned u/s 320 Cr.P.C. - In such an eventuality High Court will not order for compounding of an offence but High Court can order for quashing of the..........
Indian Penal Code, 1860, Section 406, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Loan advanced - Non payment - Assault with kicks and fists - Offence u/ss 323, 504 & 506 IPC made out - As far as offence u/s 406 IPC is concerned it appears that complaint has been filed to use the same as a tool for making recovery of money - Such..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust - Quashing of proceedings - Allegations of FIR constitute an offence as alleged by complainant and after investigation in the matter charge-sheet has already been submitted by investigating officer - After seeing ingredients of the offence u/ss 406 and 420 IPC,..........
Criminal Procedure Code, 1973, Section 406, Indian Penal Code, 1860, Section 498A -- Transfer of case from one State to another - Charge sheet filed u/s 498-A against husband and five other accused - Wife started living with parents in a different State - Transfer of case sought - In the transfer petition only the husband impleaded as respondent - Transfer petition is..........
Criminal Procedure Code, 1973, Section 406, Indian Penal Code, 1860, Section 498A -- Transfer of case from one State to another - Charge sheet filed u/s 498-A IPC - Criminal case cannot be transferred merely on the ground that it would be more convenient for the wife to prosecute the matter there - Transfer of a criminal case as compared to a civil case is on a different..........
