Search Results for "Section 406 CrPC"

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Search Results for "Section 406 CrPC"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Officers of Mysore Paper Mills in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that the order taking cognizance without prior sanction is invalid and the proceedings are liable to be quashed.

25 Nov 2021

The petitioners, former officers of Mysore Paper Mills (a State Government undertaking), challenged the order dated 06-05-2013 passed by the Principal...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Builder Directors in Property Development Dispute Due to Civil Nature of Allegations. Criminal Complaint for Cheating Under Sections 406, 419, 420 IPC Fails as Dispute Arose from Joint Development Agreement and Memorandum of Understanding, With Civil Remedies Available Through Arbitration and Pending Civil Suit.

26 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a property development dispute between builder directors and a property owner. The bac...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Dispute over loan repayment and property transfer held to be predominantly civil, not criminal, warranting quashing under Section 482 CrPC.

16 Aug 2017

The applicants, Santosh Adinath Ghalage and Vidya Santosh Ghalage, were accused in Crime No.14 of 2017 registered at Ajintha Police Station, Aurangaba...

High Court

Bombay High Court Quashes FIR and Magistrate's Order in Cooperative Bank Directors' Case — Abuse of Process and Lack of Sanction Under Section 197 CrPC. Criminal proceedings under Sections 406, 468, 477A IPC read with Section 34 IPC quashed as the Magistrate ignored the High Court's earlier order restoring the complaint for consideration under Section 202 CrPC, and the directors being public servants required sanction for prosecution.

19 Aug 2013

The applicants, nine directors of a cooperative bank, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Company and Its Officials in Breach of Trust Case Due to Lack of Prima Facie Evidence. The Court Held That Allegations of Forged Demand and Outstanding Amounts Pertained to Civil Disputes Under Dealership Agreements and Did Not Constitute Criminal Breach of Trust Under Section 406 Indian Penal Code, 1860.

2 Jan 2023

The appeal arose from criminal proceedings initiated by a private complaint alleging criminal breach of trust under Section 406 IPC against Jotun Indi...

Supreme Court

Supreme Court Reinstates FIR in Alleged Fraud Case Against Company Directors - High Court's Quashing of FIR Under Section 482 CrPC Set Aside as Dispute Involves Prima Facie Offences Under Sections 420, 406, 120B IPC. The Court Held That Allegations of Cheating, Criminal Breach of Trust, and Conspiracy, Including Dishonoured Cheques and False Promises, Disclosed Cognizable Offences, Making the Dispute Not Purely Civil in Nature.

23 Apr 2025

The dispute originated from business transactions between the appellant, representing a polymer supply company, and the respondents, a cable manufactu...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour and Fraud Case — Lack of Specific Allegations of Mens Rea. Section 482 CrPC Petition Allowed as Complaint Failed to Disclose Essential Ingredients of Offences Under Sections 406, 420 IPC Against Directors Who Were Not Signatories to Cheques.

2 Mar 2021

The petitioners, Mr. Prateek Jaswant and Mr. Sumeet Prakash, were directors of Compulse Systems Pvt. Ltd. The respondent No.2, NVCF Finance Pvt. Ltd.,...

Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Dowry Death Case Under Section 319 CrPC Due to Insufficient Evidence. The Court held that power under Section 319 CrPC requires more than prima facie evidence and strong cogent evidence indicating involvement, which was lacking as allegations were general and vague without specific role attribution.

21 Feb 2023

The Supreme Court addressed a criminal appeal arising from a High Court order summoning appellants as additional accused under Section 319 CrPC in a d...

Supreme Court

Supreme Court Dismisses Transfer Petition by Investigative Journalist Seeking Transfer of Criminal Cases from Uttarakhand Courts. Apprehension of Malicious Prosecution Unsubstantiated as Charge Sheets Filed and Trial Courts Capable of Fair Adjudication.

16 Oct 2020

The petitioner, Umesh Kumar Sharma, an investigative journalist, filed transfer petitions under Section 406 of the Code of Criminal Procedure, 1973, s...

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