Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Loan transaction - Dishonour of cheque - Loan in question has been taken by accused - Accused issued cheques to discharge legal liability arising out of loan - When said cheques were presented for encashment, same were returned back with report that "not sufficient funds" - Accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust - Quashing of proceedings - Allegations of FIR constitute an offence as alleged by complainant and after investigation in the matter charge-sheet has already been submitted by investigating officer - After seeing ingredients of the offence u/ss 406 and 420 IPC,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Failure to discharge contractual obligation - FIR lodged u/ss 420 & 406 IPC - No allegation that accused practiced fraud or have dishonestly induced OSIC to provide financial assistance and thereby OSIC disbursed loan - To deceive is to induce a man to believe that a thing is true..........
Indian Penal Code, 1860, Section 409, 406 -- Criminal breach of trust by public servant - It is provision of S.409 which applies...........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Essential ingredients are : (i) entrusting any person with property or with any dominion over property; (ii) the person entrusted dishonestly misappropriating or converting to his own use that property; or dishonestly using or disposing of that property or wilfully suffering any other person so to do..........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Offence is committed when a person who had been entrusted in any manner with the property or has otherwise dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the..........
Criminal Procedure Code, 1973, Section 181, Indian Penal Code, 1860, Section 406, 498A -- Offence u/ss 406 & 498-A IPC - Jurisdiction - Marriage solemnized and dowry articles given at place `R' - Thereafter parties lived for some days at place `L' where acts of cruelty committed - Wife came to place `R' and lodged complaint - Held, Court at place `R' has jurisdiction as in..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Every breach of trust may not result in a penal offence of criminal breach of trust unless there is evidence of a mental act of fraudulent misappropriation - An act of breach of trust involves a civil wrong in respect of which the person wronged may seek his redress for damages in a civil court but a breach..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Ingredients of the offence are : (i) entrusting a person with property or with any dominion over property, (ii) that person entrusted (a) dishonestly misappropriating or converting that property to his own use; or (b) dishonestly using or disposing of that property or wilfully suffering any other person so..........
