Indian Penal Code, 1860, Section 420 -- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - There was fraudulent inducement to part with the money which is specifically alleged in the complaint - Even if a person has been tried and dealt with for the offence punishable u/s 138 of Negotiable Instruments Act, on similar facts he can be subsequently tried..........
Indian Penal Code, 1860, Section 420 -- Cheating - Dishonest intention - Subsequent conduct is also relevant...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Appellant being member of Parliament and a Senior Member of Bar has strong roots in society and his passport having been surrendered and "look out notice" issued against him - There is no likelihood of..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Contract of civil nature - Novation of contract - Whether there is novation of contract or not and the effect of such entering into contract is a matter which is to be considered after trial but not at the stage of considering..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 419, 465, 467, 415, 417, 471, 477A, 470, 149 -- Bail - Offence u/ss 420, 406, 419, 465, 467, 415, 417, 471, 477-A, 470, 149 IPC - Allegation of financial irregularities against directors and officials of Co-operative society - However, general public or depositor or members of society..........
Indian Penal Code, 1860, Section 420, 468, 471, 323, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie neither any offence of cheating nor preparation of any forged documents is disclosed against accused - Predominately, dispute between parties appears to be civil nature which is being adjudicated in civil suit filed by..........
Indian Penal Code, 1860, Section 420, 376, 493, 494, 495, 496, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Marriage between accused and prosecutrix not denied and even previous marriage of accused and two kids also not denied - Accused said himself to be unmarried and under his assurance and persuasion this marriage took place, stated by..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Criminal Procedure Code, 1973, Section 482, 0 - - Offence u/ss 420, 120-B IPC and Ss.13(1)(D), 13(2) of P.C. Act - FIR was registered as back as in the year 2012 and since then investigation is going on - Petitioner retired from service in the meantime - No case for..........