Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 409, 420, 439, 471, 473(a), 120B -- Anticipatory bail - Appellant aged about 75 years suffering from various ailments - All the 49 accused have already been released on bail - Appellant at the relevant time was ex vice chairman of the Bank and he had resigned in the year 1999 due to his..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 406, 409, 420, 467 -- Withdrawal of prosecution - Offence u/ss 406, 409, 420, 467 IPC - Petitioner while working as President of Shiksha Parcharak Samiti transferred Rs.3 lakhs in favour of Pragati Prakashan of whom he was M.D. - Amount with interest returned to Samiti - Samiti gave consent for..........
Indian Penal Code, 1860, Section 420, 406 -- Breach of contract - Only gives a civil remedy to the party to enforce the terms of the contract - In order to attract a criminal offence ingredients of offence have to be disclosed and merely by mentioning that breach has been committed with malafide intention cannot constitute an offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 468, 420 -- Bail - Second application - While rejecting the previous bail application filed by petitioner, High Court has categorically come to the conclusion that there is a prima face case, reasonable apprehension of tampering with prosecution witnesses as well chance of absconding of..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Neither sale deed executed nor earnest money refunded - Limitation to file civil suit expired - Complaint filed after three years of alleged agreement to sell and two years and eight months of the last date fixed for registration of sale deed - Held, where..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 406, 408, 420 -- Bail - Grant of - Applicant charge-sheeted u/ss 406, 408 and 420, IPC - Applicant is applying for adjournment and subsequently says now, 60 days are over from first date fixed for taking evidence and he must be enlarged on bail u/s 437(6) of Code of Criminal Procedure - Held,..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 420, 406, 120-B, 506 IPC and Ss.3 & 4 Dowry Prohibition Act - Parties compromised - All articles given as gift prior to marriage returned and in addition a sum of Rs.50, 000/- also paid - One of the parties backed..........
Indian Penal Code, 1860, Section 406, 420 -- Agreement to sell encumbered lands representing them to be unencumbered - Dispute is not of civil nature - Facts sufficient to frame charge u/ss 406 & 420 IPC...........
Indian Penal Code, 1860, Section 406, 420 -- Cheating - Mere use of expression 'cheating' in the complaint is not sufficient - It is the substance of the complaint which is to be seen...........
