Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A -- Quashing petition - Misappropriation of dowry articles - Three petitioners are sisters of the husband of the complainant and summoned to face trial - Petition for quashing alleging that all the three petitioners were minor at the time of marriage of their brother which is contested by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A -- Quashing petition - Allegation of misappropriation of dowry articles by the three petitioners who are unmarried sisters of the husband of the complainant and summoned to face trial - The investigating agency exonerated them - The allegations have been made merely to implicate the..........
Indian Penal Code, 1860, Section 120B, 406, 420, 467, 468, 471 -- Charges under - Manager of Bank forging Drafts - Other accused receiving amount thereunder - Material on record constituting ground to presume that accused committed offence - Trial on such charge cannot mean harassment - No case for quashing charges...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 473 -- Cruelty and misappropriate of dowry articles - Limitation - Complaint filed after limitation - By virtue of provision of S.473 Cr.P.C. Court is competent to take cognizance even after the period of limitation - Moreso offence u/s 498-A IPC is a continuous offence...........
Indian Penal Code, 1860, Section 406, 498A -- Dowry articles - Misappropriation - Limitation to file complaint is three years - Offence is committed when accused refuses to return the dowry articles to the complainant and mis-appropriates the same...........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Two ingredients are (i) that the accused was entrusted with some property or with any dominion or power over it and (ii) that in respect of the property entrusted, there was dishonest misappropriation or dishonest conversion or dishonest use or disposal in violation of the terms of entrustment or..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust - Misappropriate of paddy entrusted to accused for shelling - Arbitration clause in the agreement and the matter pending before Arbitrator - Held, FIR cannot be quashed, especially when serious allegations of embezzlement and misappropriation have been levelled against the accused...........
Indian Penal Code, 1860, Section 406, 420, 120B -- Hire purchase of vehicle - Default in payment - Forcible taking of possession as per agreement - When the agreement specifically says that the owner has got a right to re-possess the vehicle, there cannot be any basis for alleging that the appellants have committed criminal breach of trust or cheating...........
Indian Penal Code, 1860, Section 498A, 406 -- Sister of husband living separate with her husband in a different village and employed as teacher - Held, sister and brother-in-law of accused rightly discharged...........
Indian Penal Code, 1860, Section 406 -- Agriculturist - Selling of produce to Commission Agent - Commission Agent receiving the price of the produce but not passed it on to the agriculturist and consequently misappropriated the amount - Complaint u/s 406 IPC is maintainable...........