Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 471, 468, 467, 120B, 34 -- Quashing of proceedings - Cheating - Allegation that wife allegedly left matrimonial home after 29 years of marriage with ornaments/accessories worn on regular basis being a Traditional Bengali married women, cannot be basis of a criminal case between married..........
Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Cheating - Involvement of petitioner, howsoever limited, cannot be ruled out at this stage - Trial ought to be permitted to proceed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406, 34 -- Dishonour of cheque - Transfer of two complaints to one Court for simultaneous disposal - Transfer of complaint from Exclusive Court to any other Court or to transfer trial arising out of FIR registered u/ss 420, 406, 34 IPC to Exclusive Court u/s 138 of the N.I. Act is not..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Offence u/ss 420, 406, 120-B IPC - Sale of goods - Non-payment of consideration amount - There can be civil remedy for non-payment of consideration amount, but no criminal case will be maintainable for it - Prima facie offence of cheating, criminal breach of trust or of criminal conspiracy not made out - Proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of charge sheet - Any defence of accused which has yet to be placed before Trial Court cannot be examined - Stage of placing defence version does not arise at sage of charge sheet - Petition dismissed...........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
