Indian Penal Code, 1860, Section 420 -- Cheating - Framing of charge - Petitioner fraudulently and dishonestly took Rs.12, 90, 000/- from complainant on a false assurance of arranging a shop for her - Allegations supported by two witnesses to the transaction - It cannot be said that there was no payment of money - Petitioner, after money, locked his shop and disappeared..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Cheating - Bail application - Grant of - Accused a property dealer, charge-sheeted for offence of cheating - Land was purchased by accused for consideration of Rs.1,44,00,000/- - Accused assured informant that she would be first paid Rs.6 lacs out of aforesaid consideration and remaining..........
Indian Penal Code, 1860, Section 415, 420, 34 -- Cheating - mens rea - Accused a branch manager of bank allegedly caused wrongful loss to bank in granting advances to firm - No evidence to prove dishonest intention of accused to obtain any illegal gratification from concerned firm - Ingredients of fraudulent and dishonest intentions on the part of accused not proved beyond..........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - There must be fraudulent or dishonest intention on the part of accused at the beginning of the transaction - If fraudulent or dishonest intention becomes after the initial transaction then liability of accused would be of civil nature and criminal prosecution is not maintainable with..........
Indian Penal Code, 1860, Section 415, 420, Criminal Procedure Code, 1973, Section 482 -- Offence by company - Mens rea - Company inviting investment in shares from prospective investors to float a product by giving rosy picture of the product - Petitioner and others invested 500 crore - Product proved a failure and company going into liquidation - Complaint against the..........
Indian Penal Code, 1860, Section 415, 420 -- Misleading statements which withhold the vital facts for intentionally inducing a person to do or to omit to do something would amount to deception - In case it is found that misleading statement has wrongfully caused damage to the person deceived it would amount to cheating...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B -- Dishonour of cheque - Cognizance - Complainant alleging offence of cheating and dishonour of cheque - On the basis of averments made in the complaint, prima facie Magistrate has not committed any error in taking cognizance u/ss 420, 120-B IPC - However, as regards taking cognizance..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Offence of cheating - Anticipatory bail - There are no allegations on behalf of State that petitioners are likely to abscond or that they are likely to dissuade witnesses from deposing true facts in court if released on bail - Bail granted...........
Indian Penal Code, 1860, Section 420, 120B -- Cheating and criminal conspiracy - Appellant introduced accused to the bank for opening account, he himself being the account holder - Certain payments received by way of cheques against forged bills deposited in the account opened by accused - Held, mere fact that appellant had introduced accused to bank only for opening an..........
Indian Penal Code, 1860, Section 420 -- Cheating - Accused as a Branch Manager by officially abusing his position, allowed the misuse of facility of discounting of bills, thereby causing wrongful loss to the bank - Defence evidence showing that non adherence of bank limit is a normal practice - It cannot be termed as illegal as it sought to be resorted to achieve the..........
