Indian Penal Code, 1860, Section 420, 465, 468, 471, 34 -- Cheating - Quashing of proceedings - Civil suits are pending between parties - Allegation of fabrication is not against petitioner - None of ingredients of any of provisions u/ss 420, 468, 471 IPC are made out against petitioner - Proceedings qua petitioner quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings...........
Indian Penal Code, 1860, Section 420, 506, 120B -- Cheating - Breach of contract - Complainant had improved his case ever since first complaint was filed in which there were no allegations against accused rather it was only against property dealers and in subsequent complaints name of accused was mentioned - Civil dispute seems to be converted into criminal in order to put..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of charge sheet - Any defence of accused which has yet to be placed before Trial Court cannot be examined - Stage of placing defence version does not arise at sage of charge sheet - Petition dismissed...........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Genesis of dispute involved is essentially of civil nature given a criminal texture - Ingredients of offence not made out considering final report - Continuation of proceedings against accused would result in abuse of process of Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
