Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Complaint u/s 138 Negotiable Instruments Act and S.420 IPC - Accused summoned in offence u/s 138 only - Complaint dismissed for want of prosecution - Amounts to acquittal - Second complaint u/s 420 IPC not maintainable even if no summoning..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Money taken for getting admitted niece of complainant in a Dental College - Admission refused - It gives rise to certain element of deception or fraud and/or dishonest inducement in the entire transaction - On the face of complaint itself, it appears that a prima facie case is made out as..........
Indian Penal Code, 1860, Section 420 -- Agreement - Breach of every agreement cannot lead to a conclusion that offence of cheating is committed - There must be a false promise by accused and relying on that false promise complainant is put to loss or injury and words 'fraudulently', 'wrongful gain', 'wrongful loss' 'dishonestly' etc. has to be taken into consideration - It..........
Criminal Procedure Code, 1973, Section 256, Indian Penal Code, 1860, Section 420, 468, Negotiable Instruments Act, 1881, Section 138 -- Death of complainant - Cognizance of offence u/ss 420, 468 IPC and S.138 NI Act - Death of complainant does not ipso facto terminate the criminal proceedings more so when the son of complainant has stepped in and wanted to continue with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Applicant took Rs.25,000/- promising to supply cement by misquoting his name - Complaint lodged after 18 days of taking money - No material to show that the applicant took money from the complainant - Bail allowed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Business agreement - Accused associating other persons in deal long after - Persons who were not in picture at the time of original deal are not guilty of offence of cheating - FIR quashed...........
Penal Code, 1860, Section 420,415 -- Cheating - Mens Rea - A guilty intention is an essential ingredient of the offence of cheating - 'Mens rea - on the part of the accused must be established before he can be convicted of an offence of cheating...........
Penal Code, 1860, Section 420, 120B,34 -- Quashing of FIR - Appellants-Accused alleged to have committed the offence of cheating with regard to business agreement - Since the appellants were not in picture at the time of original deal, neither any guilty intention can be attributed to them nor there can possibly be any intention on their part to deceive the complainant -..........
Indian Penal Code, 1860, Section 403, 406, 420 -- Criminal and Civil liability - Failure to pay balance amount under the contract even though work stands completed - It is a dispute of civil nature - Criminal complaint quashed...........
Indian Penal Code, 1860, Section 420 -- Hire purchase agreement - Some instalments paid - Dishonest intention cannot be inferred from the mere fact that promise could not be fulfilled subsequently - To constitute an offence under the provision there should be dishonest intention at the time of making the promise - Case is purely of civil nature and no offence under S.420..........
