Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Investigation is at a nascent stage and without investigation, it cannot be ascertained as to whether or not there was intention on part of petitioners to dupe complainants of their hard-earned money by making false promises -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of contract, even if deliberate does not necessarily constitute cheating u/s 415 IPC, which is a crucial element for establishing an offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 420 -- Cheating - Simple defrauding does not amount to cheating - There must be an element of dishonesty and deception...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of trust and dishonest intention should be evident from inception of agreement - Where initial agreement is executed with bona fide intentions but a subsequent breach occurs, it cannot be automatically construed as a criminal offence...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere defrauding without presence of dishonesty and an intention to deceive, does not constitute offence of cheating...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - No evidence to suggest that petitioner ever received any property from complainant under such a trust - Alleged transaction pertains to sale of land, where complainant's claim is primarily based on alleged breach of a contractual agreement to execute a sale deed - This scenario does not fall within the..........
Indian Penal Code, 1860, Section 467, 468 -- False document - Neither fabrication of a false document nor act of forgery is discernible - Complainant themselves have not asserted that any document was forged - Offence u/ss 467, 468, not made out - FIR quashed...........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Merely because accused is a deed writer proceeding against him cannot be quashed as the offence of forgery and criminal breach of trust by..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Photograph in agreement of sale is completely different even on prima face look - Signatures appears to be different in General Power of..........
Indian Penal Code, 1860, Section 467, 468, 471 -- Offence u/ss 467, 468, 471 IPC - Sale deed in question is genuine and not a forged document - Whether it conveys title to transferee is a legal question to be decided by competent Civil Court - Ss.467, 468, 471 IPC do not get attracted against petitioner - Order taking cognizance quashed...........
