Indian Penal Code, 1860, Section 467, 468, 471, 420, 120B -- Creation of fraudulent Will - Petitioner is not the beneficiary of Will in question - Role assigned to petitioner is limited to that of a witness to the alleged Will - Civil suit is already pending which includes cancellation of Will - Proceedings qua petitioner quashed...........
Indian Penal Code, 1860, Section 364A, 420 -- Kidnapping for ransom - Cheating - Accused demanded Rs.2.50 lakhs for returning the son of complainant - Two official witnesses following complainant on a motorcycle and they apprehended two accused at the spot - These official witnesses had no animus against accused - It is not a case of planned abduction or demand of ransom,..........
Indian Penal Code, 1860, Section 364A, 420 -- Kidnapping for ransom - Cheating - No evidence available on record to connect accused Nos.3 & 4 except the statement of PW1 that two other persons ran away from the spot - There is nothing with the prosecution to explain their identity - Whatever is disclosed by accused during interrogation is inadmissible being hit by S.25 of..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Contractual allegations - A distinction has to been kept in mind between mere breach of contract and the offence of cheating - It depends upon intention of accused at the time of the inducement - Subsequent conduct is not the sole test - Mere breach of contract cannot give rise to criminal prosecution for cheating..........
Indian Penal Code, 1860, Section 420 -- Essential ingredients of the provision of S.420 IPC are: (i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security, and (iii) mens rea of the accused at the time of making the..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust & cheating - Non-payment of bill amount pertaining to contract between parties does not amount to criminal breach of trust - Moreover, there are no allegations as to cheating or dishonest intention of appellants in retaining money in order to have wrongful gain to themselves or causing wrongful loss to..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Cheating - Allegation that accused persons committed offence of cheating with the help of forged Will for purposes of mutation of land belonging to husband of complainant - No certified copy or original proceedings of Revenue case ever produced or used as evidence before Trial Court - No evidence on record that..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B - - Cheating and criminal breach of trust - Compromise - Matter compromised between parties amicably - Offences are private in nature - Compromise is for benefit of parties and will bring peace and harmony between them - No useful purpose would be served while continuing..........
Indian Penal Code, 1860, Section 420, 468, 500, 120B -- Battle lost in civil proceedings - Criminal complaint filed with allegations of forgery - Action in filing criminal complaint is not bonafide and amounts to misuse and abuse of the process of law - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 467 -- Cheating - Fabricating false record - Complainant filed civil suit challenging decision of Electricity Board in returning his tender documents on the ground that the same were not as per pre-qualifying conditions of the tender and was dismissed as withdrawn and order of civil court was challenged by filing writ petition which..........
