Legal Reference Library

The Aurangabad bench of the Bombay High Court in the matter of Shri. Abhay Shantilal Jain, vs The State of Maharashtra, through Police Station, Jamner Tal. Jamner, Dist. Jalgaon, has held that re-payment of loan amount will not have any adverse effect on a criminal prosecution. The bench of Justice SS Shinde and Justice KK Sonawane was hearing an application filed under Section 482 of CrPC seeking quashing of an FIR registered against members of a cooperative credit society. Article referred: http://www.livelaw.in/mere-repayment-money-cant-ground-quashing-cheating-case-bombay-hc/

In a significant judgment that will change the way beneficiaries of multiple plot allotment are prosecuted, the Punjab and Haryana High Court has made it clear that misrepresentation for allotment of a second flat will not amount to cheating if it can be verified and detected. “Even if it is assumed that the prosecution story is correct and a wrong representation was made, the housing board had the means to verify whether any property stood in the name of the accused or her husband or any other family member. It being so, even the ingredients of cheating as defined in Section 420 of the IPC are not made out,” the High Court has ruled. The judgment by Justice Kuldip Singh, likely to have a bearing on the ongoing HUDA multiple plot allotment cases, came on a plea of the UT against Savinder Jeet Kaur. The Administration had challenged a judgment dated August 18, 2015, passed by the UT Sessions Judge, vide which the judgment of conviction and order of sentence dated August 5, 2014, pass...