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Judgment Search Results Home > Cases Phrase: cheating criminal Page 1 of about 32,152 results (0.034 seconds)

Oct 05 2006 (HC)

Sanjay Chaudhary and ors. Vs. Sanghi Brothers (indore) Ltd.

Court : Madhya Pradesh

Reported in : 2007CriLJ4199

..... conferred under section 482 of the criminal procedure code and for this proposition, learned counsel for the non-applicant/complainant ..... action can lie only before civil court and not before criminal court.'16. learned counsel for the non-applicant in support of the arguments advanced by him that due to criminal breach of trust as well as the offence of cheating criminal action can lie against the defaulter and such type of criminal complaint cannot be quashed by the high court under the powers ..... time of inducement which may be judged by his subsequent conduct but for this subsequent conduct is not the sole test. mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent, or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed. ..... for framing of the charge under section 420 ipc. complainant ought to prove the fact that from the initial stage of execution of the contract, accused persons were having criminal intention for cheating to the complainant party.12. as discussed herein above, for the offence punishable under section 420 ipc, complainant ought to prove dishonest intention of the executor of the .....

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May 08 1964 (SC)

Naini Gopal Lahiri and ors. Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : [1965]35CompCas30(SC)

..... and a police report was submitted against the three appellants and eight others in the court of the magistrate, ist class, benaras, charging them with offences of conspiracy to commit cheating, criminal breach of trust, falsification of accounts and alternatively of committing those offences in furtherance of the common intention of the accused. the case was tried before the court of session ..... and acquitted. without considering, therefore, whether in an appropriate case the appellate court may have the power in an appeal against an order of conviction of cheating to convert it into one for the offence of criminal breach of trust, we are definitely of the view that this is not a case in which, assuming that we have the power, it may ..... , was that the company was induced to pay the underwriting commission on the faith of an agreement which was ' fictitious. ' 15. section 415 of the indian penal code, which defines 'cheating', provides: ' whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any ..... indian penal code in that they were proved to have committed the offence of criminal breach of trust in respect of underwriting commission obtained by cheating the company, but once a conviction wasrecorded for the offence of cheating, it would be anomalous to convict the same person of the criminal breach of trust on the same facts. 11. as we have already observed the .....

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May 30 2011 (HC)

Subramani Gopalakrishnan Vs. Institute of Chartered Accountants of Ind ...

Court : Delhi

..... justification or warrant to stay the disciplinary proceedings against the chartered accountants as the charges are not the same inasmuch as the charges levelled in the criminal case pertained to cheating, criminal conspiracy and fraud, whereas the charge sheet in the disciplinary proceeding pertained to negligence, conduct and functioning under the ca act. that apart, it ..... was contended that the standard of proof in both the proceedings are different and the scope of enquiry are on different platforms. it was highlighted that there were 433 witnesses in the criminal ..... 18 of the chartered accountants (procedure of investigation of professional and other misconduct and conduct of cases) rules, 2007. (vi) the approach and objective in the criminal proceedings and the disciplinary proceedings is altogether distinct and different. in the disciplinary proceedings, the question is whether the delinquent member is guilty of such conduct as ..... the comparative chart which has been filed before us containing the allegations against the appellants in the disciplinary proceedings and the allegations against the accused persons in the criminal proceedings: allegations against the appellant allegations against the accused as in the disciplinary proceedings per the charge sheet i) that the management of the i) accused s .....

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May 15 2007 (SC)

Asit Bhattacharjee Vs. Hanuman Prasad Ojha and ors.

Court : Supreme Court of India

Reported in : 104(2007)CLT488(SC); 2007CriLJ3181; (2008)1GLR1(SC); RLW2007(4)SC3074; 2007(7)SCALE241; (2007)5SCC786

..... rs. 1,62,32,837.00.9. appellant in the said complaint petition further stated;18. thus the accused persons in collusion and connivance with each other, committed forgery, cheating, criminal breach of trust, dishonest misappropriation etc. etc. and are liable to be prosecuted under section 120b/420/406/465/467/ 468/471 of the indian penal code.19. that ..... food corporation of india to bangladesh for and on behalf of the appellant. allegedly, in course of rendition such services, respondents committed various acts of breach of trust, cheating, forgery and criminal conspiracy. one of their employees was also assaulted. a complaint petition was filed by the appellant company before the chief metropolitan magistrate, kolkata purported to be under section ..... taking cognizance. furthermore, whether the offence forgery of some documents committed or some other criminal misconducts are said to have been committed in furtherance of the commission of the principal offence of cheating and misappropriation where for the respondents are said to have entered into a criminal conspiracy; are required to be investigated. the chief metropolitan magistrate, thus, had jurisdiction ..... 156(3) of the code of criminal procedure, 1973 on or about 15.10.2004 inter alia alleging that a criminal conspiracy was entered into by and between accused no. 2 with accused nos. 3 to 12 with a view to cheat the complainant company and/or dishonestly misappropriate a huge amount of rs. 1 .....

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Jul 16 2004 (HC)

Diamond Cables Ltd. and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : 2004(2)ALD(Cri)305; 2004CriLJ4100

..... was likely to be kept and under the hire purchase agreement, said company continued to be the owners of the vehicle, no offence of cheating, criminal breach of trust or theft of vehicle could be said to have been committed by the company, who was the owner of vehicle, when ..... guarantee dated 26-12-1998 worth rs. 102.00 lakhs after receiving the consideration amount under first consignment dishonestly invoked the bank guarantee and thereby cheated r2 complainant company. yet another accusation is that the petitioner encashed the bank guarantees even before the due date of amount. it is no ..... learned counsel appearing for the petitioners contends that the disputes between the petitioners and r2 complainant company are purely civil in nature and therefore the criminal proceedings initiated against them are per se illegal and they are entitled to be discharged under section 239 of cr.p.c. i do ..... facts and the documents relied upon by the complainant or the prosecution and without weighting or sifting of evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed. it has been held by the supreme court in rajesh bajaj v. state ..... thorough consideration of the material brought on record and on hearing the parties dismissed the application by an order dated 7-10-2003. hence, this criminal revision case.3. since the petitioners/accused filed application under section 239, cr.p.c. before the trial court seeking discharge it would be .....

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Nov 09 1960 (HC)

Court on Behalf of the State Vs. Radha Krishna Khanna and anr.

Court : Punjab and Haryana

Reported in : AIR1961P& H113

..... law courts, he referred to his own case and said that it became impossible for him to get even a hearing of his complaints of cheating, criminal breach of trust, forgeries of records, against the officers of a powerful body like the punjab national bank, because of its influence and ..... 16 runs thus:'thus in spite of more than five years persistent efforts of the complainant to bring home the guilt of the offences of cheating, criminal breach ot trust and numerous manifest forgeries committed by responsible officers of a large banking concern, the accused have got off by their own ..... justice that is dealt out by law courts in india, and to show that it becomes impossible to get even a hearing of complaints of cheating, criminal breach of trust, forgeries of ledgers, vouchers, account books and documents on a colossal scale, against bank officers, as the bank is a ..... with a lawyer friend of theirs in dishonestly launching a false prosecution against myself and my two highly educated sons, on serious charges of cheating, theft and criminal breach of trust and carrying on the false prosecution with the utmost vindictiveness and venom for nine or ten months, with a view to ..... either to file papers or to otherwise publish writings using grossly scandalous language charging the courts with improper motives in rendering its decisions. a criminal contempt is thus a conduct directed against the dignity and authority of the court it is in essence an offence against organised society and public .....

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Dec 17 2014 (HC)

G.S. Rahi Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

..... the offence is committed in course of discharge of official duty. when a public servant has allegedly committed the offence of cheating, criminal breach of trust and misappropriation/embezzlement, such offence cannot be said to be committed by the public servant while acting or ..... such proceedings except in rare and compelling circumstances. 17. in the present case also, the petitioner has allegedly committed offence of criminal breach of trust and cheating by causing loss of rs.23.99 lakhs to the exchequer by misappropriating the same while sharing common intention with other accused ..... ors [air 2010 supreme court 3762], it has been held by the supreme court that powers under article 226 of the constitution for quashing criminal proceedings have to be exercised very sparingly, with circumspection, that too in very rarest of rare cases. 13. in bharat amratlal kothari and another ..... the main thrust of the argument advanced by learned counsel for the petitioner is on the issue of requirement of sanction under section 197 crpc before the initiation of prosecution of the petitioner. 7. it has been urged that since the alleged act of misappropriation is in connection ..... criminal procedure is, therefore, no bar. 11. above views are reiterated in state of kerala vs. padmanabhan nair {1999 (5) scc 690}. both amrik singh (supra) and s.r. munnipalli (supra) were noted in that case. sections 467, 468 and 471, ipc relate to forgery of valuable security, will etc; forgery for purpose of cheating .....

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Apr 05 1954 (SC)

M.K. Gopalan and anr. Vs. the State of Madhya Pradesh

Court : Supreme Court of India

Reported in : AIR1954SC362; 1954CriLJ1012; [1955]1SCR168

..... prosecution before shri k. l. pandey, a special magistrate of nagpur, madhya pradesh, in case no. 1 of 1949 pending before him on charges of cheating, attempt to commit cheating, criminal breach of trust and criminal conspiracy, (i.e. for offences punishable under section 420 read with section 120b or 109 of the indian penal code, section 409 and section 409 read ..... them being subjected to a procedure, which is materially different from the normal procedure and prejudicing them thereby. in the present case, the special magistrate under section 14 of the criminal procedure code has to try the case entirely under the normal procedure, and no discrimination of the kind contemplated by the decision in anwar ali sarkar's case : 1952crilj510 , and the ..... a special magistrate for the trial of an individual case, violates the guarantee under article 14 of the constitution; (2) the sanction given under section 197(1) of the criminal procedure code for the prosecution as against the first petitioner is invalid, inasmuch as the order of the madras government granting the sanction does not disclose that all the facts constituting the ..... was a servant of the government of madras, the prosecution against him has been initiated by sanction given by the government of madras under section 197(1) of the criminal procedure code.2. the validity of the prosecution is challenged on various grounds, and the present petition is for quashing the proceedings on the ground of their invalidity. the three main .....

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Mar 10 2004 (HC)

Pransukhlal Mafatlal Hindu Swimming Boat Club Trust and ors. Vs. Vasan ...

Court : Mumbai

Reported in : AIR2004Bom270; 2004(5)BomCR126; 2004(2)MhLj765

..... xii, rule 6 of the code of civil procedure, on the basis of the criminal conviction based on the plea of guilt. a finding recorded by a criminal court that the defendant no. 1 is guilty for the offence of cheating, criminal breach of trust, forgery etc may not per se be binding on a civil ..... court and cannot per se form the basis of a decree. an order of conviction passed by a criminal court cannot be treated as an admission and no decree ..... an assistant accountant. it is alleged that the defendant no, 1 misappropriated an amount of rs. 35,36,748/- by committing serious criminal offences of theft, forgery, fabrication, cheating and breach of trust during the course of his employment as an assistant accountant of the trust. the plaintiff has therefore filed this suit ..... the basis of such a conviction.4. the next question to be considered is whether an admission contained in a plea of guilty recorded by a criminal court be admissible as an evidence and can form a basis of a decreeing a civil suit. learned counsel for the plaintiff however, invited my ..... for the recovery of the said amount of rs. 35,36,748/ misappropriated by the defendant no. 1. the defendant no. 1 was prosecuted for the criminal breach .....

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May 23 2008 (HC)

Krishna Texport Industries Ltd. Vs. Dcm Limited

Court : Delhi

Reported in : IV(2008)BC627; [2008]114CompCas113(Delhi); (2008)4CompLJ177(Del); 150(2008)DLT259; 2008(104)DRJ101; [2009]89SCL151(Delhi)

..... can hardly be said that the object of section 391(6) of the said act is to prevent action against the officers of the company who may be involved in cheating, criminal breach of trust, mis-appropriation, forgery and for that matter dishonour of cheque. again the provision cannot be used to bring to an end a prosecution arising from ..... a creditor or a member of a company or by the state either against the company or its officers. if, the officers of the company are involved in offences lime cheating, criminal breach of trust, misappropriation, forgery, using a forged document and falsification of accounts, in connection with the business of the company, can it be said that prosecutions can be ..... wisdom introduced section 138 of the ni act conscious of the existence of the other provisions under the said act. thus, section 138 of the ni act, a later enactment, envisaged criminal prosecution for the offence of negotiable instruments being dishonoured, including cheques. the object was to reinforce sanctity of commercial transactions. once the rigours of the provisions have been complied ..... the affairs of the company and to avoid wasteful expenditure. thereforee the intention of the legislature under these sections does not appear to provide jurisdiction to the company court over criminal proceedings either against the company or against its directors. wherever legislature thought it necessary to provide such jurisdiction it has used the appropriate expressions. 13. further section 621 .....

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