Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Sale to third person - Non return of advance amount of Rs.Twenty Five lacs - At this stage it cannot be concluded as to whether accused had no intention of cheating the complainant at the time of entering into agreement with them - Factum of intention of..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Quashing of complaint - Complaint does not disclose any breach of contract nor intention to cheat - Only sale amount was not paid in part - Offence discloses only a civil liability - Held, no offence u/ss 406 & 420 IPC is made out - Prosecution is..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), , Section 193, 196, 420, 120B - - Fabrication of order of High Court by accused in a writ petition - Complaint filed u/s 195(1)(b)(i) and (iii) by Deputy Registrar of High Court before Special Judicial Magistrate without any authorization by High Court - Held, complaint is not valid - Magistrate cannot..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal Breach of trust & cheating - Quashing of proceedings - No objection certificates and other certificates required for lease were obtained fraudulently and with a criminal intention by petitioners - Petitioners contended that matter is purely of civil nature as allegations..........
Indian Penal Code, 1860, Section 406, 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 482 -- Criminal Breach of trust & cheating - Quashing of proceedings - FIR, Investigation and charge sheet prima facie disclose that accused along with others were involved in alleged offences - FIR and charge sheet have to undergo..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 166, 120B -- Quashing of FIR - Looking to the material collected by police during course of investigation, it cannot be said that petitioners have committed any offence punishable u/ss 420, 467, 468, 471, 166 and 120-B IPC as petitioner No.1 issued death certificate as per directions of SDO..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 482 -- Cheating - Double jeopardy - Quashing of proceedings - Earlier accused was acquitted u/s 138 of N.I.Act - Subsequently complaint filed u/s 420 IPC on the basis of same facts alleged in earlier complaint - Even though offence pleaded in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 392, 420 -- Bail - Triple murder case - Accused persons, both Police Officers, alleged to have committed murder of three persons, while on duty - Charge-sheet filed - Accused in custody for last 7 years - Trial will not likely to conclude within reasonable time - Many co-accused either..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420 -- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly..........
