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Supreme Court Hears Transfer Petitions in Cheque Dishonour Case Under Section 138 NI Act — Jurisdictional Dispute Between Kolkata and Bhopal Courts. Court Examines Pre and Post Amendment Legal Principles to Determine Proper Forum for Trial.

The Supreme Court addressed transfer petitions filed by the accused company seeking transfer of a complaint under Section 138 of the Negotiable Instru...

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KAHC010159832015_1

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High Court of Karnataka Quashes Criminal Proceedings Against Contractor in Section 482 Cr.P.C. Petition. FIR Under Sections 379, 406, 420 IPC Quashed as Dispute Was Civil in Nature and Complaint Filed as Counterblast for Recovery of Money.

The dispute arose from a construction contract between Modern Asset (petitioner) and KNK Constructions Private Limited (2nd respondent). The 2nd respo...

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High Court of Karnataka Dismisses Revision Petition in Cheating Case — Conviction Under Section 420 IPC Upheld. Accused No.1 Sentenced to Three Years Rigorous Imprisonment for Cheating Complainant by Selling Fake Gold.

The petitioner, Korachara Nagaraj @ Yeradethinahalli Naga, was convicted by the trial court (C.J.(Jr.Dn.) & JMFC, Huvinahadagali) in C.C.No.445/2008 f...

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Gujarat High Court Quashes FIR Against Witness in Land Dispute Case — No Prima Facie Case for Criminal Breach of Trust or Cheating. Witness's Role Limited to Signing Sale Deed Does Not Attract Criminal Liability Under Sections 406, 420, 423, 120-B IPC.

The present application was filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR being C.R. No.1-576 of 2007 reg...

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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over unpaid loan and property transfer held to be purely contractual, not constituting criminal breach of trust or cheating under Section 420 IPC.

The petitioners, Sourish Bose and Deepanvita Ghosh, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Sec...

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High Court of Karnataka Dismisses Revision Petitions in Cheating Case — Conviction Under Section 420 IPC Upheld. Concurrent findings of fact regarding dishonest inducement and delivery of property in land sale transaction not interfered with.

The case involves three criminal revision petitions filed by the accused persons against their conviction under Section 420 read with Section 34 of th...

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Bombay High Court Allows Criminal Application Under Section 482 CrPC and Discharges Accused in Cheating Case. Lease Agreement Dispute Lacks Dishonest Intention Required for Section 420 IPC.

The applicant, Deepak Jaiswal, a director of M/s D.J. Enterprises Ltd., filed a criminal application under Section 482 of the Code of Criminal Procedu...

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High Court of Bombay at Goa Discharges Accused in Cheating Case — No Deception Where Complainant Knowingly Participated in Illegal Transaction. Ingredients of Section 420 IPC Not Made Out as Complainant Was Aware of the Illegal Purpose of Payment.

The petitioner, Mr. Ashok Haldankar, filed a Criminal Writ Petition under Article 227 of the Constitution read with Section 482 CrPC challenging the o...