Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 379, 420, 467, 468, 471 -- Offence u/ss 379, 420, 467, 468 and 471 - Trial commenced - Charge framed - One of the PW examined - All the offences are triable by Magistrate - Applicant has remained in custody for more than the prescribed period - There was no criminal history of the applicant -..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 506, Criminal Procedure Code, 1973, Section 320 -- Compromise - Non compoundable offence - Since compromise between the parties had taken place the Court granted permission to compound offence observing that chances of ultimate conviction of accused are weak and also no fruitful purpose will be served by allowing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420 -- Cancellation of bail - Cheating case amounting to Rs.42 lakhs registered against husband and wife - Wife bailed out - Husband absconded - Wife refused to co-operate in the investigation by not disclosing the whereabouts of her husband - Held, that this amounts to harbouring of husband by..........
Criminal Procedure Code, 1973, Section 181, Indian Penal Code, 1860, Section 406, 420 -- Territorial jurisdiction - Petitioner summoned for offences u/s 406/420 IPC by Court at Varanasi - Petitioner had booked a flat at Mumbai - Letter of intent was executed at Mumbai - Bank draft was paid and encashed at Mumbai - Property for which payment was given was situated at Mumbai..........
Indian Penal Code, 1860, Section 406, 409, 420, 417, Criminal Procedure Code, 1973, Section 204, 190(1)(a), 178 -- Jurisdiction - Complaint u/ss 406, 409, 420 & 417 IPC filed in Court at place 'R' alleging accused resident of place 'A' issued cheques at place 'A' and also made statement at place 'A' - No part of cause of action arose with the jurisdiction of Court at place..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 156(3) -- Civil liability - Complaint before Magistrate u/ss 406/420 IPC - Agreement between complainant and accused that raw coffee was to be supplied by complainant - Coffee was to be cured by accused - Accused got the coffee cured from other curers - Breach of agreement - No allegation..........
Indian Penal Code, 1860, Section 420, 460, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Property sold to someone else - Suit for specific performance filed and partly decreed in favour of complainant - Complaint u/s 420 r/w S.460 IPC - Allegations contained in complaint, taken on their face value, make out a case of cheating - Power u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Commercial transaction - Mere fact that the complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available or has been availed of, is not by itself a ground to quash the criminal proceedings - The test is whether the allegations in the complaint..........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 197 -- Rs.2 lakhs as passenger tax paid to Deputy Excise and Taxation Commissioner who misappropriated the amount - No allegation that it was bribe money - Complaint u/ss 420 & 406 IPC and S.13(1)(d) Prevention of Corruption Act - Prior..........
Criminal Procedure Code, 1973, Section 228, 240, Indian Penal Code, 1860, Section 420, 417 -- Charge - Framed u/s 420 IPC - During trial charge u/s 417 IPC proved - Accused can be convicted u/s 417 IPC as offence u/s 417 IPC is minor offence as compared to one u/s 420 IPC...........
