Indian Penal Code, 1860, Section 420, 504, 506 -- Offence u/ss 420, 504, 506 - Compliant filed as a counter blast to complaint filed u/s 138 Negotiable Instruments Act - Plea that cheque not returned after accepting the amount - It is a matter of defence in the proceedings initiated u/s 138 of N.I. Act and petitioner would be getting appropriate opportunities in the..........
Indian Penal Code, 1860, Section 420 -- Offence by company - Company not arraigned as accused - Compliant against Managing Director - Allegations against Managing Director absolutely vague and in fact allegations are against the company - No specific allegation against Managing Director - Criminal proceedings qua Managing Director quashed...........
Indian Penal Code, 1860, Section 420 -- Offence by company - When a complainant intends to rope in Managing Director or any officer of a company, it is essential to make requisite allegations to constitute vicarious liability...........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, 506 -- Cheating - Agreement to sell - Sale of property to third person - Property sold to subsequent vendees much after the relevant date to execute the sale deed - Question of any dishonest intention or cheating did not arise - Civil suit for specific performance already filed - Dispute between parties is purely of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Creation of fraudulent Will and its registration - Will in question also subject matter of civil suit - Civil suit decreed but appeal thereagainst pending - Civil Court had not framed the issue as to whether will was created fraudulently - Held, there is no bar on simultaneous proceeding in the civil as well as..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Complaint dismissed for no, prosecution - Case called several times but none appeared - As nobody should be condemned unheard, order of dismissal set aside - Complaint restored to its original number - Direction issued...........
Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 - - Offence u/ss 409, 420, 467, 468 & 471 IPC - Allegations made in complaint and evidence adduced in support thereof, even if taken to be in their face value and accepted in its entirety do not constitute prima facie any criminal offence or make out a case against accused..........
Indian Penal Code, 1860, Section 420, 465, 467, 471 -- Forgery - Cheating - Reduction of sentence - Dispute related to sale of land - Dispute is in personal nature and civil remedy is also available to complainant - Petitioner had already undergone the imprisonment for the period of 3 months and 15 days out of total punishment - Petitioners are facing trial for last 10..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 329, 420, 120B, 34 -- Quashing of FIR - Petitioner is being proceeded against for offence of forging and fabricating an injury on person of complainant in order to initiate a case under S.307 against other party - Prosecution relied on medico legal report of hospital which only indicates two..........
Indian Penal Code, 1860, Section 408, 409, 420 -- Criminal Breach of trust by clerk - Cheating - Proof - Allegations against accused who is lower division clerk that he received money from consumer for electricity bill but not credited amount - Incharge of electricity department was very clear that at relevant time petitioner was deputed to act as Cashier and to receive..........