Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Criminal Procedure Code, 1973, Section 228, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Order framing charge - Offence u/ss 420, 467, 468, 471, 120-B IPC - Prima facie case for framing charge against petitioners found on record - Matter examined by two Courts below and there is no inkling in the order that trial Court has not examined the matter and..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Lawyer - False legal opinion to Bank - For such a wrong lawyer cannot be prosecuted as it does not amount to any criminal culpability - Lawyer at the most may be liable for gross negligence or professional misconduct, if it is established by evidence...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - False legal opinion to Bank - Lawyer cannot be prosecuted merely on the basis of his professional advice in absence of plea of his conspiracy with the loanee or that he had direct link with them...........
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
Criminal Procedure Code, 1973, Section 190(1)(b), 173(2), (8), Indian Penal Code, 1860, Section 420, 467, 468, 471, 431, 432, 120B -- Cognizance of offence by Magistrate - Police report - Further investigation - Even after submission of report, investigating agency may continue investigation and may submit supplemental report, as law does not mandate taking of prior..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Wrong facts mentioned in nomination paper for election does not constitute offence of cheating - Remedy available to complainant is to challenge the election at appropriate forum rather than filing of FIR - Allegation made in FIR does not..........
Criminal Procedure Code, 1973, Section 178, 179, 184, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Passport Act, 1967, Section 12 -- Territorial jurisdiction - Criminal conspiracy - Cheating and forgery - Some offences were committed in India and some outside India - Cause of actions thus,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 411, 465, 467, 468 -- Quashing of FIR - Cheating - Property dispute - Sale deed in question executed by accused in favour of complainant`s wife and she further executed same in favour of third party - Title was clear - No case of misrepresentation - Contention of complainant that some..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, Passport Act, 1967, Section 12 -- Quashing of FIR - Offence u/ss 420, 467, 468, 471 IPC and S.12 of Passport Act - If the allegations made in FIR and evidence collected in support of same taken at face value, do not disclose commission of any offence, FIR can be quashed - FIR..........
