Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of order framing charges - Offence u/ss 420, 467, 468, 471, 120-B IPC - Role of petitioner is not described in basic Istagasa (Complaint) - Petitioner was an Advocate and merely identified the documents in question - Even complainant himself has not alleged..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Civil dispute - Agreement between parties regarding supply of goods - There was no mal-intention of applicants as due money deposited by complainant - Nothing was due towards complainant, as balance amount was already paid by company to complainant, as per own admission of complainant himself - Moreover, civil..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420 -- Discharge - Cheating - Accused allegedly misappropriated loan amount of Rs.20 lacs entrusted to him by complainant for establishing factory - However, there is no evidence to substantiate that said amount of loan entrusted to accused by complainant - Neither loan papers not amount of loan..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Indian Penal Code, 1860, Section 420 -- Cheating - Distinction between mere breach of contract and offence of cheating - It depends on intention of accused at the very inception which may be judged by his subsequent conduct - However, subsequent conduct may not be the sole test...........
Indian Penal Code, 1860, Section 420 -- Cheating - Complainant has to allege that accused had an intention to cheat him from the very inception...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Agreement to sell - Non execution of sale deed - Entire sale amount of Rs.50,00,000/- received - Thereafter, vendor left their place of residence without leaving their addresses and shut off their mobiles - It was with clear intention so that complainant may not..........
Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Only allegation against accused is that co-accused in connivance of accused with mala fide intention misappropriated the share amount as also the profit accrued thereon - Neither accused used any defamatory language nor gave any threat or..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the beginning of transaction...........
Indian Penal Code, 1860, Section 420, 418, 421, 422, 424, Criminal Procedure Code, 1973, Section 482 -- Cheating - Commercial transaction - Quashing of proceedings - There is no mention in the complaint that accused had an intention to deceive complainant at the very inception when contract was entered into - Subsequent conduct of accused, in the absence of other..........
