Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 471, 120B -- Bank loan - Non payment - Offence u/ss 420, 471, 120-B IPC - Dispute between bank and accused brought to an end by making payment to Bank - Held, criminal proceedings not to be quashed even ifaccused repaid the loan amount, as it is a grave criminal offence that has the..........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 420, 406, 467, 471, 120B -- Criminal breach of trust - Grant of bail - Accused and complainant are directors ofthe same company - Allegation of complainant that accused persons applied for loan on his false signature and manipulated the accounts of the company - In reply, accused stated..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 7, 13 -- Cheating - Illegal gratification - No evidence on record as to giving and taking of bribe or even of involvement of any of accused - PWs stated that they are not acquainted with accused as they did not conduct any enquiry at the end - Even I.O also stated that there was..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Accused A-1 died and his son arrayed as accused - Criminal culpable offence not heritable - Charge sheet against son, quashed...........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Death of proprietor - Proprietary concern can neither initiate proceedings nor proceedings be initiated against it - Proprietary concern cannot be impleaded as accused - Proceedings against proprietary concern quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 5, 16, 27A, 61, 85, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 439 -- Regular bail - Recovery of 4400 kgs poppy husk - Petitioner neither apprehended on spot nor any recovery effected from his person - Petitioner implicated on basis of disclosure statement of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Second bail application - First bail application of accused dismissed with direction to surrender before Court - Despite surrendering before Court accused moved second bail application - Not fit case to grant anticipatory bail - Bail dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Setting aside summoning order - Quashing of order - Money spent on engagement - No evidence of giving Rs.1,00,000 to accused - Further no evidence that at the time of making payment to accused there was dishonest intention on the part of accused, which is necessary for offence of..........
Indian Penal Code, 1860, Section 420 -- Cheating - Sale of land to complainant - Sale of land thereafter to third party - Accused had no right to sell deed in favour of third party as he was well aware of the fact that he was no longer owner of land - Accused committed the offence of cheating - Conviction upheld - However, taking into account the fact that accused is 80..........
