Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Sanction for prosecution - Cheating - Act committed by accused cannot be said to have been committed by him while acting or purporting to act in discharge of his official duty - Sanction u/s 197 Cr.P.C. for prosecution of accused not required...........
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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 409, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Quashing of proceedings - Offence u/ss 468, 409, 471, 120-B IPC and Ss.13(1)(c)(d), 13(2) of P.C Act - Prima facie material available on record shows culpability of accused and many others in illegal appointment..........
Indian Penal Code, 1860, Section 409, 418, 423, 425, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of Criminal Complaint - Complainant company in its wisdom had withdrawn complaint against tow persons who were officer of Kotak Bank from common complaint made against four persons - Court, do not find any reason as to why remaining two persons who are officer..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by public servant - Most essential ingredient of offence u/s 409 IPC is entrustment - Unless any property is entrusted to any one, question of its misappropriation does not arise...........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust by public servant - Quashing of Charge sheet - Only charge against accused is that fund which was misappropriated by co-accused was deposited in his account - Accused failed to explain as to how and under what circumstances huge amount was deposited in his account -..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Misappropriation of money - Allegations that petitioner received amount from customer to deposit in account but there is no direct evidence to that effect - Customer could not be examined during trial on account of his death - None of his family members who were acquainted with his handwritings and..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Temporary misappropriation of money, constitutes nothing less than a criminal breach of trust...........
Indian Penal Code, 1860, Section 409 -- Compliant u/s 409 IPC - Locus standi - Criminal law can be set in motion by anybody - Prosecution initiated by CBI on behalf of Railway Authorities is thus, justifiable - Moreover, public money is involved in a case, if any illegal transaction takes place, accused is reaping fruits of such money for unlawful gain, then it amounts to..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Protection u/s 197 Cr.P.C.is given to public servants from malicious prosecution so as to avoid harassment being caused to public servants - But the same cannot be treated as a shield to protect corrupt persons who have mis-utilized the..........
