Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Acquittal - Appeal against acquittal could be brought in only by way of filing application for special leave to appeal in High Court u/s 378 Cr.P.C and not in Sessions Court - Judgment of acquittal in a complainant case can only be assailed by way of filing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 467 -- Quashing of FIR - Offence of forgery & criminal breach of trust - Averments in report u/s.173 CrPC that petitioner was a tenant of "A" with a right to sublet premises - Held, if petitioner has lawfully inducted a sub-tenant/tenants and had appropriated rent received by her, there..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138 -- Conviction of accused u/s 138 NI Act - Further prosecution u/ss 406, 420 IPC is barred...........
Indian Penal Code, 1860, Section 405, 406, 415, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Quashing of proceedings - Petitioner-rice millers cannot seek quashing only on the ground that they have entered into an agreement with one or other procuring agencies or that no, delivery, shortage of delivery or delivery of poor quality of..........
Indian Penal Code, 1860, Section 405, 406, 415 -- Criminal breach of trust - Cheating - If dispute has arisen from breach of contract for which a civil remedy was available and availed of, the remedy under criminal law is not barred if the allegations were of a criminal offence and the offence alleged in the complaint is prima facie made out...........
Indian Penal Code, 1860, Section 498A, 313, 323, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 179 -- Dowry demand - Wife tortured and assaulted for demand of dowry at Gurgaon - She was refused to be keet in the house till demand was fulfilled - Wife compelled to live with her parents at Lucknow - Held, Court at Lucknow has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - (i) Delay in lodging FIR - It is an issue which is to be adjudicated upon by the trial Court; (2) Whether there is direct evidence or circumstantial evidence to prove the existence of offence u/s 120-B IPC is naturally..........
Indian Penal Code, 1860, Section 498A, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 173 -- Offence u/ss 498-A, 406, 504 & 506 IPC and Ss.3/4 Dowry Prohibition Act - Territorial jurisdiction - Act of dory demand and harassment was either made at Lucknow or at Jaipur - No mention in FIR that offence was committed partly at..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Offence u/ss 420, 406, 120-B IPC - Complainant convicted u/s 138 NI Act - Complainant alleging misuse of the same very cheque - Such a frivolous prosecution cannot be permitted to be continued - Order taking cognizance quashed...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Ingredients - (i) entrusting a person with property or with any dominion over property (ii) that person entrusted (a) dishonestly misappropriating or converting that property to his own use; or (b) dishonestly using or disposing of that property or wilfully suffering any other person so to do in violation..........
