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..........
Criminal Procedure Code, 1973, Section 438, 154, Indian Penal Code, 1860, Section 120B, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4, Constitution of India, 1950, Article 20(1) -- Anticipatory bail - Occurrence was of year 2007-2008 and FIR registered in year 2017 - Ss.120B, 420 IPC were include..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Compromise - Parties have amicably settled their dispute - Complainant has no objection if FIR is ordered to be quashed in view of compromise effected between parties - No useful purpose would be served in allowing criminal proceedings to..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed - Fact that accused surrendering land with Municipal Council and obtaining patta for said land was also concealed by accused - No..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of FIR - Offence u/ss 406, 420 IPC and Ss.3, 4 of Prize Chits and Money Circulation Schemes (Banning) Act - It is a case where both parties are alleging violation of terms and conditions of agreement..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Cheating - Offence of cheating would not be made out, merely because of breach of promise by borrower to return loan amount - Moreover, there is no inducement on the part of petitioner muchless by deceiving him - FIR quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, Punjab Prevention of Human Smuggling Act, 2012, Section 13 -- Anticipatory bail - Offence u/s 420 IPC and S.13 of Punjab Prevention of Human Smuggling Act - Accused has no reference in FIR - Even, there is no allegations to the effect that any part of the amount was ever handed to petitioner..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Work contract between parties - Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing complainant to enter into work contract - Dispute between parties is of civil in nature and as per arbitration clause in agreement, complainant can very well approach arbitrator..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Second FIR - Cheating - Second FIR lodged after a lapse of 29 years - Final negative report was submitted in earlier FIR and was accepted by Court - Continuation of proceedings against petitioner, who has retired, tantamount to abuse of process of Court - Second FIR quashed...........
