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1 - 6 of 6 (0.52 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
2.The learned counsel for the petitioners would submit that the
very reading of the First Information Report does not disclose any
offence muchless than the offence punishable under Sections 420, 406
and 506(i) of I.P.C. The second respondent/de facto complainant has
given a criminal color to the civil transaction and as such the First
Information Report is an abuse of process of law, which results in
miscarriage of justice. He would further submit that the de facto
complainant being a well educated teacher of a school, had executed sale
deed believing it as a mortgage deed, which cannot be accepted. In fact,
the petitioner has not made any false representation to the de facto
complainant and believing that false representation, she has entrusted the
property with the petitioner and the same was converted for her personal
use so as to attract an offence of cheating under Section 420 of IPC and
the offence of Breach of Trust under Section 406 of IPC and as such the
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Crl.O.P.(MD)No.8208 of 2020
FIR is unsustainable in law. According to him, the case of State of
Haryana and others Vs Bhajan Lal and others, reported in 1992 Supp
(1) Supreme Court Cases is squarely applicable to the facts of the case.
Sau. Kamal Shivaji Pokarnekar vs The State Of Maharashtra on 12 February, 2019
5.At this juncture it is relevant to see the judgment of our Hon'ble
Apex Court in the case of SAU. Kamal Shivaji Pokarnekar Vs. The
State of Maharashtra and others in Crl. Appeal No.255 of 2019,
wherein our Hon'ble Apex Court has held as follows :
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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