KARNATAKA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, Press and Registration of Books Act, 1867, Section 7-- Defamation - Private complaint - Quashing of proceedings - Perusal of complaint reveals that petitioner No.1 is Editor whereas petitioner No.2 is Managing Editor - In complaint, respondent except stating that petitioner No.2 is Managing Editor, no role is attributed against him so far as..........
GAUHATI HIGH COURT
Year of decision: 2013
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482-- Domestic violence - Complaint - Quashing of proceeding - There is an allegation of demand of dowry and also misbehaving complainant/respondent by way of using filthy language, involving her dignity - Held, criminal proceeding cannot be quashed against i, laws at this stage - Petition dismissed...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 323, 294, 307, 506, 406, 34, Dowry Prohibition Act, 1961, Section 4-- Quashing of criminal proceedings - Matrimonial dispute resolved amicably - Held, criminal proceeding liable to be quashed - Petition allowed...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 294, 354, 506, 34, Criminal Procedure Code, 1973, Section 482-- Order taking cognizance - Petition to quash - One `S' put his hand on victim's shoulder and despite several objections said `S' continued with such activities and tried to put his hand on her chest and pulled her clothes - Informant stopped bus and threatened `S' to report the matter before police..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Jurisdiction - Court has jurisdiction where payment of amount as hand loan, issuance of cheque in discharge of debt and legal notice calling upon accused to pay the amount - Plea rejected that complaint can only be filed at the place of drawee bank...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning order - Validity - Applicant/accused not deny that he had given cheque to opposite party No.2/complainant - Contention that he had given that cheque to opposite party No.2 to pay fee of coaching institute where applicant's son intended to join - Name of son of..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Amendment of complaint - Mistake in cheque number - Not only in pleadings of complaint, but in notice as well as in affidavit filed by complainant, number of cheque wrongly mentioned - Held, no provision for amendment in Cr.P.C. - Amendment in complaint cannot be allowed -..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, 190, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 7- - Cognizance of offence - Quashing - No corroboration of testimony of complainant regarding demand of bribe by accused - Held, evidence of complainant cannot be relied on - Impugned order taking cognizance of offences against accused-petitioner stands quashed - Petition allowed...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Offence u/ss 420, 406, 294 & 34 IPC - Statements made in FIR if accepted to be true cannot be said that no case for taking cognizance is made out - Matter under investigation - At this stage FIR is not liable to be quashed - Petition dismissed...........
KERALA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Quashing of proceedings - Cheque issued by 1st accused company got dishonoured - Bald averment in complaint that petitioners were also involved in day to day administration of company - Except allegations in complaint, there is nothing produced on the..........