Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Discharge of accused - Validity - Highly wrong procedure adopted by revenue agency to effect change in revenue record by passing provisions of law applicable to it - Accused persons charge-sheeted u/ss 420 & 120-B IPC - Held, from the facts on record,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Cheating - Proof of - Held, u/s 420 of IPC to hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time of making the promise - From his mere failure to subsequently keep a promise, one cannot presume that he all along had a culpable..........
Indian Penal Code, 1860, Section 420 -- Cheating - Essential ingredients are : (i) deception of a person either by making a false or misleading representation or by other action or omission (ii) fraudulent or dishonest inducement of that person to either deliver any property or to consent to the retention thereof by any person or to intentionally induce that person to do..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Where allegations are of cheating and tampering with the official record, no sanction u/s 197 Cr.P.C. is required as it is no part of the duty of a public servant, while discharging his official duties to enter into a criminal conspiracy or to indulge in criminal conduct...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Misappropriation of money deposited with Post Office - Complaint - Statement of complainant recorded - Thereafter complaint sent to police for investigation u/s 202 Cr.P.C. - On receipt of report of police Magistrate summoned petitioner - Revision against - Dismissed - Held,..........
Agreement to sell -- Neither sale deed executed nor earnest money refunded - Where dispute is with regard to sale of property against which same advance was received, refusal to execute the sale deed was merely a civil liability - Offence of cheating not made out...........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Neither sale deed executed nor earnest money refunded - Limitation to file civil suit expired - Complaint filed after three years of alleged agreement to sell and two years and eight months of the last date fixed for registration of sale deed - Held, where..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Proximity with official duties - Offences are alleged to have been committed u/ss 420, 467, 120-B IPC and S.13(1)(d) r/w S.13(2) of Prevention of Corruption Act - Held, offence of cheating u/s 420 or for that matter offences relatable to Ss.467, 468, 471 and 120-B and S.13(2) of P.C. Act can by no..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of FIR - Cheating - Criminal breach of trust - Whether in fact statement made in FIR is inconsistent with any statement made in an application filed by Respondent No.2 in High Court - Held, it can be determined only at the trial by leading evidence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Res judicata - FIR alleging criminal breach of trust, cheating etc. - High Court had passed an order dismissing petition filed by Petitioner u/s 482 Cr.P.C. - High Court had proceeded on basis that only point urged by Petitioner was one concerning limitation - SLP before Supreme Court - Supreme Court having..........
