Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Averments and allegations made in the complaint do not constitute offence u/s 420 IPC - Ingredients for offence of cheating are not at all satisfied - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 441, 447, 427, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute regarding title over property in question - It is for civil Court to decide who has title over said property - Police cannot decide rightful owner when two parties are claiming ownership tracing back to very same vendor/seller of property - Case..........
Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Cheating - Demand of dowry - Allegation against sisters of A-1 - Allegation that marriage between niece of informant and A-1 was fixed but A-1 refused to perform the marriage for want of demand of dowry - A-4 and A-5 sisters of A-1 has no role in fixing of marriage and they neither..........
Indian Penal Code, 1860, Section 419, 420 -- Cheating - Accused impersonated his brother and obtained employment - However, brother of accused had died and appointment order was issued to him - Accused continued to work in office knowing fully well that appointment letter was issued to his brother - Apology letter written by accused to Department concerned corroborated..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Proceedings before Commission are summary in nature - Complaints involving highly disputed questions of facts or cases involving tortuous acts or criminality like fraud or cheating could not be decided by Forum/Commission under the Act...........
Indian Penal Code, 1860, Section 420 -- Cheating - Deception is essence of offence of cheating - Mere breach of contract is not criminal, unless it was at the same time dishonest and was manifested by some overt act...........
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 319 -- Summoning of additional accused - Cheating - Fraudulent withdrawal of amount from bank account of complainant - Merely because proposed accused once had supplied a copy of statement of account to complainant which was either dim or misprinted, opinion cannot be formed that he was in connivance with accused who allegedly..........
Indian Penal Code, 1860, Section 420, 465, 468, 471, 34 -- Cheating - Quashing of proceedings - Civil suits are pending between parties - Allegation of fabrication is not against petitioner - None of ingredients of any of provisions u/ss 420, 468, 471 IPC are made out against petitioner - Proceedings qua petitioner quashed...........
