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High Court declined to quash FIR in Land Fraud Case Under Bharatiya Nyaya Sanhita, 2023 though Civil Nature of Dispute and Complaint by Power of Attorney Holder is sustained

The petitioner, accused No. 8 in a land fraud case, sought quashing of FIR registered under various sections of Bharatiya Nyaya Sanhita, 2023 (BNS) fo...

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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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Bombay High Court Quashes Criminal Proceedings in Property Dispute — Civil Nature of Dispute Precludes Criminal Liability. Agreement for Development and Sale of Flats Breached; Court Holds That Mere Breach of Contract Does Not Attract Offences Under Sections 406 and 420 of the Indian Penal Code, 1860.

The petitioner, Babu Dadasaheb Gavhane, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of C...

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Bombay High Court Quashes FIR in Onion Trade Dispute Due to Civil Nature of Transaction and Lack of Criminal Intent. The court held that the ingredients of cheating under Section 420 IPC were not made out as there was no initial dishonest intention, and the dispute was purely civil.

The applicants, Thirumalai Prabhu R. and Vinodhini Prabhu Titumalai, proprietors/partners of M/s. Shreejith Traders in Tamilnadu, filed a criminal app...

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High Court of Karnataka Acquits Accused in Cheating Case Due to Lack of Evidence of Deception. Conviction under Section 417 IPC set aside as prosecution failed to prove that accused made false promise with intent to deceive complainant.

The appellant, Shankar, was convicted by the I Additional Sessions Judge, Dakshina Kannada, Mangalore, in S.C. No. 78/2005 for the offence punishable ...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Failure to Perform Contractual Obligations Does Not Attract Criminal Liability Under Sections 406 and 420 IPC Without Proof of Fraudulent Intent at Inception.

The case involves a criminal writ petition filed by V.B. Padode and M/s. Dataline and Research Technologies (I) Ltd. (the petitioners) challenging the...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Failure to Make Out Ingredients of Section 420 IPC. Dispute Arising from Breach of Contract for Sale of Land Does Not Attract Criminal Liability Without Deception from Inception.

The petitioners, Rajesh Kalidas Khisti, Praveen Kalidas Khisti, and Arundhati Praveen Khisti, filed a writ petition before the Bombay High Court seeki...

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Bombay High Court Quashes FIR in Share Dispute Due to Civil Nature. Dispute over share purchase agreement held to be purely contractual, not constituting criminal breach of trust or cheating under Sections 406, 420, 120B IPC.

The petitioners, Rohan Dukle and Sudhir Gudal, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Cri...

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Bombay High Court Directs Police to Investigate Cheating Case Despite Magistrate's Order Under Section 156(3) CrPC — Failure to Register FIR and Investigate Amounts to Dereliction of Duty

The petitioner, Hirsingh T. Rao, filed a writ petition before the Bombay High Court challenging the reluctance of the police authorities to investigat...