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Section 137, Criminal Procedure Code, 1973, Section 482 - Quashing of complaint - Matters which are to be agitated during trial cannot be gone into for the purpose of quashment of a proceedings under Section 482 Cr.P.C. (Ranjit Vs Pukharaj) 1996(2) CIVIL COURT CASES 572 (Or.) : 1997 (2) ALL INDIA CRIMINAL LR (ORISSA) 0570 : 1997 (1) CRIMES 0110 : 1997 (1) CCR 0475 : 1996 (2) OCR 0360 : 1996 CULT 0528 : 1996 (2) OLR 0412
Section 138, Criminal Procedure Code, 1973, Section 397 - Complaint dismissed - Revision against - Accused of the offence has no right of audience. (Sivasankar Vs Santhakumari) 1993 (SUPPL.) CIVIL COURT CASES 143 (Madras) : 1992 ISJ (BANKING) 0702 : 1992 (1) ALL INDIA CRIMINAL LR (MADRAS) 0330 : 1994 (1) BANKING CASES 0492 : 1991 LW (CRL.) 0481 : 1991 (1) MWN (CRL.) 0265
Section 138, Criminal Procedure Code, 1973, Section 397(2) - Dishonour of cheque - Complaint against several persons - Magistrate summoning some but declining to summon others - Order declining to summon - Final order - Subject to revisional jurisdiction of High Court. (Steel Authority of India, Ghaziabad Vs Harbhajan) 1999(3) CIVIL COURT CASES 45 (All.) : 1999 (4) ALL INDIA CRIMINAL LR (ALLAHABAD) 0441 : 1999 (4) RCR (CRL.) 0040 : 1999 CRL. L.J. 3372
Section 138, Criminal Procedure Code, 1973, Section 482 - Second revision - Application for additional evidence dismissed by trial Court - Revision filed before the Sessions Court dismissed - Dissatisfied by the orders of Courts below, petitioner filed petition u/s 482 Cr.P.C. - High Court u/s 482 Cr.P.C. can still consider the legality of the orders passed by the trial Magistrate. (Bhushan Thapar Vs M/s Ganesh Steel Corporation & Ors.) 2001(1) CIVIL COURT CASES 188 (P&H) : 2001 ISJ (BANKING) 0176
Section 138, Criminal Procedure Code, 1973, Section 482 - Dishonour of cheque - Complaint - If main features of Section 138 are borne out from the allegations of the complaint then High Court will not interfere - The Court has to look into the main features viz. the date of issue of the cheque, the date of dishonouring of the cheque by the Bank, the date of issue of the notice and the date of filing of the complaint in Court and if these facts are borne out from the allegations in the complaint, then Court of competent jurisdiction is entitled to take cognizance and the High Court will not exercise jurisdiction u/s 482 Cr.P.C. (Sunil Behl Vs M/s Berlina Construction) 1994(2) CIVIL COURT CASES 164 (P&H) : 1994 ISJ (BANKING) 0418 : 1994 (2) RCR (CRL.) 0653 : 1994 (1) BCLR 0488 : 1995 (1) BCLR 0024
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 - Conviction - Revision - Entire payment tendered and accepted during pendency of revision - As payment has been accepted and the offence being compoundable as such conviction and sentence set aside. (M/s Narindera Textile Vs Girdhari Lal Bansal) 2001(2) CIVIL COURT CASES 525 (P&H) : 2001 ISJ (BANKING) 0525
Section 138 - Dishonour of cheque - Accused convicted and sentenced - Belated revision to enhance sentence not tenable. (Pandian Vs Sowrirajan)1999(3) CIVIL COURT CASES 97(Mad.)
Section 138 - Dishonour of cheque - Quashing of complaint - Fact that the process has already been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused. (Dr.T.N.Chaturvedi Vs Karnail Singh Chauhan) 1994(2) CIVIL COURT CASES 333 (P&H) : 1994 (3) RCR (CRL.) 0517
Section 138 - Dishonour of cheque - Quashing of complaint sought that cheque was got issued when petitioner was taken in police custody - This plea not taken by the petitioner in reply to the legal notice - Held, no case is made out of quashing of complaint. (Mahabir Parsad Jindal Vs State of Haryana) 1996(1) CIVIL COURT CASES 432 (P&H)
Section 138 - Dishonour of cheque - Quashing of complaint sought that full details as to dishonour of cheque not given in notice - Held, technicalities should not come in the way of justice. (Avtar Singh Vs Accounts Officer, Telephones Revenue) 1995(1) CIVIL COURT CASES 361 (P&H) : 1995 (1) BCLR 0342
Section 138(a) & Criminal Procedure Code, 1973, Section 482 - Offence u/s 138(a) of the Negotiable Instruments Act - Petition u/s 482 Cr.P.C. to quash the proceedings - Question of fact involved relating to alleged offence viz whether the accused has to pay the money to the complainant and whether he had issued the cheque as well as other questions of fact had to be established on evidence - There are no grounds to quash the proceedings. (P.T.V.Ramanjachari Vs Giridharilal Rathi and another) 1991 CIVIL COURT CASES 537 (A.P.) : 1992 (2) BANKING CASES 0591 : 1992 BJ 0388
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