Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Offence u/ss 420, 120-B IPC - There is no element of cheating as petitioners had never induced opposite party to deliver property nor opposite party being so induced agreed to sell the property to petitioners - Petitioners had not any mal-intention as they made..........
Indian Penal Code, 1860, Section 420, 406, 467, 471 -- Cheating & Criminal breach of trust - Hire purchase agreement - Non payment of instalments - Seizure of vehicle - Accused is trustee of vehicle - FIR lodged to put pressure on petitioner - No criminal intention of theft or criminal breach of trust on the part of petitioner till the subsistence of agreement - FIR..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Bail during pendency of appeal - Conviction u/ss 120-B, 420, 409, 467, 468, 471 and 477A IPC and S.13(2) Prevention of Corruption Act - Accused being Chairman of Public Accounts Committee even after having..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust and cheating - Quashing of proceedings - Sale of joint property by suppressing certain facts - Nothing on record to show that complainant was dishonestly induced to deliver the property in question by making false or misleading representation - No..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to fulfill a promise does not constitute cheating although it may give rise to a loss and a claim for damages in Civil Law...........
Indian Penal Code, 1860, Section 420 -- Cheating and breach of agreement - A civil wrong arising out of a breach of agreement may also gave rise to an offence of cheating when the facts disclose that a party to the agreement was induced to enter into the same and part with property on the basis of false and dishonest representation at the inception of the transaction...........
Indian Penal Code, 1860, Section 420, 406, 506 -- Cheating & criminal breach of trust - Petitioner inducting opposite party No.2 as minor business partner and taking Rs.5 lac as security on the promise to refund the said amount on termination of relationship - Petitioner assured a minimum sum of Rs.2 lac as profit - Held, it must be construed as expectation of profit and..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173 - - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Cheating & criminal conspiracy - Quashing of FIR - FIR filed with ulterior motive to circumvent earlier litigation pending between parties - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 471, 420 -- Quashing of proceedings - Validity - Complaint u/ss 420, 406, 468 & 471 IPC - Issuance of summoning order by Magistrate - Quashing of proceedings by High Court on ground that dispute is of civil nature - High Court failed to record any reason for holding that dispute is of civil..........
