Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Financial fraud - Forged documents - Civil and criminal liability - One Time Settlement (OTS) Scheme between parties regarding payment of some of amount - Can only wipe off civil liability of accused and not criminal one - Accused cannot be discharged on the basis of OTS Scheme from criminal liability,..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complaint filed in respect of civil matter already pending - Agreement to sell alleged to be forged after gap of six-seven years and that too without showing any real basis for establishing commission of offence - Intention to give criminality to essentially a civil dispute - Such abusive initiation of..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendant was duly served in the suit and inspite of same defendant failed to appear - There were as many as three attempts made to serve defendant - Defendant is not justified in contending that report of postal department can also be forged on the registered..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - Forged Will - Matter is sub judice in Civil Court regarding genuineness of disputed Will - Institution of criminal proceedings therefore, on the allegation that Will is forged one would be abuse of process of law - Criminal proceedings..........
Will -- Proof of - Will produced by defendant no.1 not proved in accordance with law, as execution of Will denied by attesting witness DW4 - DW4 further deposed that Will is forged document and signatures were obtained in blank papers by misrepresentation - Alleged Will become suspicious and not proved by attesting witnesses - Will held, not proved...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - At the stage of deciding an application U.O.7.R.14(3) CPC, Court is not required to see whether document is forged, concocted or unauthorized - Evidentiary value or reliability of document is required to be seen at the time of marking exhibit and/or at the time of leading evidence...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Sum of Rs.30 lakhs paid by plaintiff to defendant on execution of promissory note - Defendant denied owing anything to defendant - Plea also taken that promissory note is forged and fabricated - Plea without substance being not based on any probable defence - Trial Court granted leave to..........
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
