| Home |
Section 138, Criminal Procedure Code, 1973, Section 482 - Complaint sought to be quashed on the ground that payment had already been made to drawee through Bank Drafts before the bouncing of cheques and drawee was called upon not to present the cheques - Held, these are questions of fact - Complaint on this ground cannot be quashed - Accused directed to move an application before Magistrate praying that no offence under Section 138 of the act is made out on above facts - Trial Court to go into these questions at the outset before issuance of notice as envisaged under Section 251 Cr.P.C. (M/s Shree Sarla Weavers Co- Operative Spinning Mills Ltd. Vs Punjab State Co- Operative Supply & Marketing Federation Ltd.) 2000(1) CIVIL COURT CASES 16 (P&H)
Section 138, Criminal Procedure Code, 1973, Section 482 - Concealment of facts - Petition for quashing the complaint - Further proceedings in the trial Court stayed - Concealment of facts that only judgment was to be pronounced by the trail Court - If full facts have been brought to the notice of Court earlier, the Court may not have used the discretion at such a late stage when the judgment was to be pronounced - Fact was deliberately concealed - Petitioner in such circumstances does not deserve to be heard on merits - Petition dismissed with Rs.10,000/- as costs. (Manjit Singh Vs M/s Atma Singh and Sons) 2001(1) CIVIL COURT CASES 46 (P&H)
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Complaint - A fact to be decided at the time of trial - Proceedings cannot be quashed at the initial stage. (Meenakshi Gupta Vs Smt.Sushma Kedia) 2000(3) CIVIL COURT CASES 99 (P&H) : 2002 (1) ISJ (BANKING) 0668
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Complaint - Sought to be quashed on the ground that no notice was issued - Petitioner to lead evidence in the trial Court to prove this fact - No case for exercising inherent power is made out - Petition dismissed. (Malhotra Handlooms & Anr. Vs Hari Om Yarns (P) Ltd.) 2003(3) CRIMINAL COURT CASES 300 (P&H)
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Prosecution proceedings not to be quashed at initial stage if uncontroverted allegations in complaint and evidence recorded at the preliminary stage of enquiry prima facie bring out the case within the ambit of Section 138 of the Act. (Shakti Bhakoo Vs Varun Khemka) 2003(2) CIVIL COURT CASES 358 (P&H) = 2003(2) CRIMINAL COURT CASES 237 (P&H)
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Withdrawal of complaint - Taking coercive steps against the accused after the complainant submits application for withdrawal of complaint on complaint's continuous absence is an abuse of the process of Court. (Biju Thomas Vs Devaki Amma) 2001(1) CIVIL COURT CASES 585 (Kerala) : 2001 ISJ (BANKING) 0317
Section 138, Criminal Procedure Code, 1973, Section 482 - Complaint sought to be quashed on the ground that payment had already been made to drawee through Bank Drafts before the bouncing of cheques and drawee was called upon not to present the cheques - Held, these are questions of fact - Complaint on this ground cannot be quashed - Accused directed to move an application before Magistrate praying that no offence under Section 138 of the act is made out on above facts - Trial Court to go into these questions at the outset before issuance of notice as envisaged under Section 251 Cr.P.C. (M/s Shree Sarla Weavers Co-Operative Spinning Mills Ltd. Vs Punjab State Co-Operative Supply & Marketing Federation Ltd.) 2000(1) CIVIL COURT CASES 16 (P&H)
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Complaint - Contention that payment had been made - As per complainant only part payment is received - Disputed question of fact involved to be decided by trial Court - No ground to quash proceedings under Section 482 Cr.P.C.(Agarwal Auto Traders Vs M/s Globe Tractors (Agencies) 1999(1) CIVIL COURT CASES 22 (P&H) : 1999 (1) ALL INDIA CRIMINAL LR (P&H) 0183 : 1998 (4) RCR (CRL.) 0790
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Complaint - Quashing - Contention of petitioner that payments were made towards the amount payable under cheques - Held, it would be for the trial Court to decide the question of payment at appropriate stage in accordance with law - Proceedings pending in trial Court cannot be quashed on this basis. (M/s Nakoda Laminators Vs State of Rajasthan) 1999(3) CIVIL COURT CASES 599 (Raj.) : 1999 ISJ (BANKING) 0039 : 2000 (2) ALL INDIA CRIMINAL LR (RAJASTHAN) 0188 : 1998 (4) CIVIL LJ 0845 : 1999 (4) RCR (CRL.) 0364 : 1998 CRL. L.J. 3525
Section 138, Criminal Procedure Code, 1973, Section 482 - Part payment made or that the cheque is for discharge of liability or debt - These are questions of fact which trial Court has to decide after recording evidence - No ground to quash the complaint under Section 482 Cr.P.C. (Vandana Jain Vs Chief Judicial Magistrate) 1998(1) CIVIL COURT CASES 476 (All.) : 1998 (2) ALL INDIA CRIMINAL LR (ALLAHABAD) 0453 : 1998 (1) RCR (CRL.) 0125 : 1998 (1) BANKING CASES 0553 : 1998 CRL. L.J. 0129 : 1998 (37) BANK LJ 0216 : 1998 AIHC 0918 : 1997 ALL LJ 2108 : 1997 (21) ALL CRI R 0794 : 1997 UP CRI R 0535 : 1998 (25) CRI LT 0147
Section 138, Criminal Procedure Code, 1973, Section 482 - Summoning order - Petition u/s 482 Cr.P.C. - Held, when facts are in dispute, in that event High Court will not exercise its inherent powers and indulge in the minute scrutiny of facts - It could be so done only on admitted facts - Petitioner may approach the Magistrate that process against him ought not to have been issued and Magistrate may drop the proceedings if he is satisfied that there is no offence for which the accused could be tried. (M/s Atma Tube Products Ltd. Vs M/s Bhushan Steel and Strips Ltd.) 1997(2) CIVIL COURT CASES 149 (P&H) : 1997 (2) AIJ 0668 : 1997 (4) ALL INDIA CRIMINAL LR (P&H) 0776 : 1997 (3) RCR (CRL.) 0200
Section 138, Criminal Procedure Code, 1973, Section 482 - The question as to whether the cheque was issued in discharge of a debt or legally enforceable liability or only as a collateral security is a matter to be considered by the Magistrate at the stage of evidence - When the allegations made in the complaint make out a prima facie case, the criminal proceedings cannot be quashed. (Triton Marinex Vs State of Kerala) 1999(1) CIVIL COURT CASES 525 (Kerala) : 1999 ISJ (BANKING) 0423 : 1999 (3) ALL INDIA CRIMINAL LR (KERALA) 0181 : 1999 (2) RCR (CRL.) 0112
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Quashing of complaint - Question whether petitioners had issued blank cheques or whether those were written by them or those were written beyond their instructions by respondent or whether amount due is lesser than the amount endorsed on - These objections are to be taken at the trial - Criminal proceedings cannot be quashed. (Vinod Tanna Vs Zaheer Siddiqui) 2001(3) CIVIL COURT CASES 217 (Bom.) : 2002 (1) ISJ (BANKING) 0655
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Quashing of complaint sought on the ground that cheque was not issued by him - This is purely a question of fact - No ground to quash the proceedings. (Devendra Kumar Rai Vs Ram Gopal Rai) 1999(2) CIVIL COURT CASES 299 (All.) : 1999 (2) ALL INDIA CRIMINAL LR (ALLAHABAD) 0139 : 1999 (2) RCR (CRL.) 0217 : 1998 (2) BANKING CASES 0583
|