Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Allegations mainly constituting the offence that cheque was signed by P2 who stood guarantor for P1 and cheque was from account of P1 - No Cogent evidence to show that cheque was issued by P2 - No expert has been examined to prove the signatures -..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Agreement of guarantee shows that signatures of P1 and P2 looks to be obtained on blank papers and after these documents have been got typed - Signatures do not look to be appended after scribing of documents - Petitioner liable to be acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 328, 380, 420, 120B -- Quashing of FIR - Occurrence of incident about 1 1/2 years and allegations against petitioner are vague - No particulars of said occurrence are mentioned - Complainant?s main grievance is for mother of petitioner for administering poisonous substance, exploiting his..........
Indian Penal Code, 1860, Section 120B, 420, 465, 467, 468 -- Cheating - Proof of - Accused are working in LIC office and alleged to have committed theft of cheques and encased amount by opening fictitious accounts of policy holders - Investigating agency did not collect any evidence as to who had stolen, deposited and withdrawn the cheque amount - No evidence to connect..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - During enquiry a lot of material has been collected by investigating agency and on basis of enquiry report, FIR was registered - Another FIR was also registered for stealing rice, machinery and account books of mill - Petitioner was arrested - Held, no case is made..........
Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of summoning order - Dispute purely of civil nature - No allegation in complaint or in evidence of PWs that either of accused has cheated by personation to anyone - Element of dishonesty is lacking in the allegations made in complaint - No forgery appears to..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
Indian Penal Code, 1860, Section 420, 417, 418, 120B -- Complaint u/s 138 NI Act withdrawn on a promise to make the payment - After withdrawal of complaint accused neither took any steps to pay the amount nor kept his commitment - Plea that non performance of contract tantamounts to breach of contract and dispute is of civil nature, cannot be allowed to stand after taking..........
Indian Penal Code, 1860, Section 420, 417, 418, 120B, Criminal Procedure Code, 1973, Section 177, 179, 181 -- Complaint u/s 138 NI Act withdrawn on a promise to make the payment - After withdrawal of complaint accused neither took any steps to pay the amount nor kept his commitment - Jurisdiction - Agreement was entered into at Chandigarh to withdraw the complaint -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 423, 424, 34 -- Anticipatory bail - Offence u/ss 420, 406, 423, 424 & 34 - Dispute is purely a business transaction - Whether there was any dishonest intention to cheat the complainant remains to be seen only when parties adduce oral and documentary evidence - Disputed questions of fact..........
