Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B -- Cheating - Misappropriation of company funds - Claiming parity with co-accused against whom proceedings were quashed - Complicity of accused in the crime is substantially graver than that of his sister/co-accused - Accused was a senior officer of complainant company and was entrusted with duty of dealing on..........
Criminal Procedure Code, 1973, Section 181(a), Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B -- Territorial jurisdiction - Cheating - Misappropriation of company funds - Accused was required to account for alleged misappropriated properties at the head office of complainant company in Kolkata - Invocation of powers of Magistrate either u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 120B -- Anticipatory bail - Decree of divorce by mutual consent obtained by producing a lady other than wife - There are direct allegations of impersonation against husband and his custodial interrogation is required - Anticipatory bail refused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 419, 420, 465, 468, 471 -- Decree of divorce by mutual consent obtained by producing a lady other than wife - Anticipatory bail application by father in law of complainant - He is retired government servant and living separately from his son - Neither FIR reveals direct allegations against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Registered agreement to sell - Non compliance of agreement - Nature of dispute purely of civil nature - Case for specific performance already filed - Moreover, FIR was lodged prior to the date fixed for execution of registered sale deed - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468 -- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........