CiteTEXT
.... Mahadevappa Shivappa Danannava (2005) 3 SCC 670 this Court, on the ground of delay/laches in filing the complaint and that the dispute relates to civil nature, finding absence of ingredients of alleged offenc....23. It is clear that in view of inordinate delay and laches on the part of the complainant and of the fact that the complaint does not disclose any ingredients of ...concluded that the case is one of that type where, if at all, the facts may constitute a civil wrong and the ingredients of the criminal offences are wanting.25. In ...
...obligation which is created.17. Section 420 IPC deals with cheating. The essential ingredients of Section 420 IPC are:....18. In the present case, looking at the allegations in the complaint on the face of it, we find that no allegations are made attracting the ingredients of Section 405 ...the essential ingredients of Sections 405/420 IPC are missing, the prosecution of the appellants under Sections 406/120-B IPC, is liable to be quashed.20. The impug...
...but it does not make out the ingredients of the offence punishable under Section 420 of IPC. The grievance of the complainant relates to the breach of promise to marry accused No...allegation does not constitute the ingredients of offence under Section 420 of IPC and hence, initiation of criminal action against the petitioners is wholly illegal and abuse of...argued that the allegations made in the complaint, prima-facie disclose the ingredients of the offence under Section 420 of IPC. The matter is under investigation and hence, there is no case for...
...Senior Counsel appearing on behalf of the appellant submits that even if the averments made in the FIR are taken at their face value, no case is made out for the offence punishable under Section 420 of IPC...Another3has culled out the ingredients to constitute the offence under Sections 415 and 420 of IPC, as under:
"15. Section ....
13. It could thus be seen that for attracting the provision of Section 420 of IPC, the FIR/complaint must show that the ingredients of ...
...requirements of Section 405 of the IPC, an offence under the same section is not constituted. In the absence of factual allegations which satisfy the ingredients of the offence u...an offence under Section 420 read with Section 415 of the IPC are absent. The pre-summoning evidence does not disclose and establish the essential ingredients of Section 415 ...inducement to deliver a property. As such, given that the ingredients of Section 415 of the IPC are not satisfied, the offence under Section 420 of the IPC is not made o...
...payment towards the sale of the vehicle to him by the original owner, in this, Court's opinion the ingredients of Section 420 of IPC itself are not fulfilled.5. Consider..., this Court holds that necessary ingredients of Section 420 of IPC are not made out and therefore is inclined to quash the FIR in question.6. Accordingly, the present petition s.... 439/2004, registered at Police Station Tilak Nagar, for the offence punishable under Section 420 of the Penal Code, 1860 (‘IPC’).2. Present FIR was registered on the basis of...
...419 and 420 IPC. It is to be seen that whether the averments in the complaint make out a case to constitute an offence of cheating.15. The essential ingredients to attract .../specifications and when it could not achieve these specifications, it cannot be said that ARCI acted with dishonest intention to cheat the respondent attracting the essential ingredients of Section 420 ...of cheating under Section 420 IPC. In order to bring a case for the offence of cheating, it is not merely sufficient to prove that a false representation had been made, but, it is further necessary to...
.... Further he would submit that the allegations made in the complaint, even if accepted on face value, do not make out the ingredients of offence under section 420 of IPC. Hence, the prosecution ...respondent, ingredients of section 420 IPC do not get attracted to the facts of the case. The very fact that the amount was re- credited to the very same account indicate that the petitioner had ...intention whatsoever to misappropriate the said amount. Under the said circumstances, basic ingredients of section 420 of IPC having not been attracted, registration of FIR and consequent...
...420 IPC, the ingredients of Section 420 IPC are not present in the allegation and the courts below committed error in rejecting the application for discharge filed by the appellant..., (2009) 14 SCC 696, this Court noticed the ingredients of Section 420 IPC. In paragraphs 9 to 11 following was stated:“9. The ingredients of Section ...criminal proceedings should not be allowed to continue.””20. Applying the ratio laid down by this Court as noted above, it is clear that ingredients of Section 420 IPC are not...
...way involved in the alleged offence. The offence alleged against the petitioner is not a : 3 : cognizance offence. The allegations made against the petitioner do not attract the ingredients of Section 420 ...ARREST BY THE GOKAK TOWN POLICE IN CONNECTION WITH GOKAK TOWN POLICE STATION CRIME NO.23/2018 REGISTERED FOR THE OFFENCES UNDER SECTION 420 OF IPC. THIS CRIMINAL...Crime No.23/2018 registered by the respondent Police under Section 420 of IPC. 2. The learned HCGP has not filed any written objections, but has orally opposed the petition...
...would submit that it is only when complaints are submitted having ingredients of Section 420 of IPC that the petitioner is being summoned. Having heard the learned counsel on either side, this wri...against the petitioner or if the presence of the petitioner is required in connection with the investigation to any crime, the respondents shall issue due notices under Section 41 A of the Cr.P.C before...
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN...
...under Section 420 or 511 of IPC. It is his further submission that mere talking over phone asking to purchase the insurance policy from the Company does not satisfy the essential ingredients of...Section 420 of IPC. It is his further submission that none of the essential ingredients of Section 420 or 511 have been made out. It is his further submission that the v...Insurance Company giving a false offer of taking him and his wife to Singapore tour free of cost and the said act by the petitioners attracts an offence punishable under Section 420 of IPC. With ...
..., an allegation is made that these petitioners were playing matka and cheating the general public and mere using the word they are cheating the general public cannot fulfill the ingredients of Section 420 ...necessary. It is further observed that looking to the above cases for consideration whether really the materials goes to show that there is also offence under Section 420 of the IPC, committed by the accused and i...Section 420 and I did not find any such ingredients to invoke Section 420 of IPC and the material regarding cheating...
...false certificate in favour of Lal Chand containing false information and the ingredients of Section 177 IPC are proved and we find no reason to interfere with the conviction of the appellant unde..., is concerned, the appellate court convicted the appellant under Section 420 IPC, on the finding that the appellant issued the certificate in favour of Lal Chand with dishonest intention of getting allotm.... Since the ingredients of Section 420 IPC are not proved, the conviction of the appellant under Section 420 IPC, cannot be sustained and the same is set aside....
...case in Crime No.25/2017 for the offence punishable under Section 420 of IPC. 3. The petitioners in the petition have contended that the case is registered for the offence...Section 420 of IPC is not attracted. Having taken note of the complaint, it is not the case of the prosecution that these...the offence under Section 420 of IPC and though the offence under Sections 272 and 273 of IPC are invoked against the petitioners at the first instance and the same has been deleted and hence the...
...advocate for the applicant submits that all the ingredients of Section 420 of the IPC have been proved and in the impugned judgment and order, the learned Trial Court has observed that there were ...falls in the purview of Section 420 of the IPC but in purview of the provisions of Dowry Prohibition Act. Learned advocate for the applicant submits that the learned Trial Court has not a...had filed criminal complaint under Section 420 and 114 of the IPC before the Court of Judicial Magistrate, Dantiwada mainly stating that the applicant wanted to
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...allegation to attract the offence under Section
420 IPC, three witnesses were examined and 12 documents were relied upon and on the side of the accused, two witnesses were examined an...the inception while entrusting the money to attract Section 420 IPC. Though several grounds were raised in the appeal, they are not satisfactory to convince this Court to reverse the finding of the trial Court sinc...Section 420 IPC were not attracted and Ex.D1 falsifies the allegation of the complainant. Hence, this...
...and mere using the word they are cheating the general public cannot fulfill the ingredients of Section 420 of IPC. It is rightly pointed out by the counsel appearing for the petitioners that only...really the materials goes to show that there is also offence under Section 420 of the IPC, committed by the accused and invoking of Section 420 there must be compliance of ...involved in playing matka and I do not find any material to constitute an offence under Section 420 of IPC. It appears in order to over come the proviso of ...
.... 3. These averments, in my view, are not sufficient to make out the ingredients of section 420 of IPC. In order to attract provisions of section ...Petitioner herein is arrayed as accused No.3 in the charge sheet filed under sections 419, 465, 467, 468, 471, 420 read with 34 of IPC.... 2. The case of the prosecution is that, in respect of the property belonging to late Thirumala Hengsu, with the active assistance of accused Nos.2 and 3, accused No.6 impersonated late Tiruma...
...view. Further, whether the ingredients of Section 420 of IPC are attracted or not ought to have been examined. In this regard, it is appropriate to make a reference to a decision in the case ...ORDERThe petitioners, who are facing prosecution for the offences punishable under Sections 420 read with 34 of IPC are before this Court, assailing an order of dismissal of...an application filed by them under Section 239 of Cr.P.C2. The petitioners, who are the accused persons in the Court below, are the daughter and son-in-law...