DELHI HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Limitation - Quashing of proceedings - Notice dated 27.04.2012 clearly shows that complaint was barred u/s. 142(b) of N.I. Act as same was not filed within a period of one month after expiry of 15 days of receipt of notice - Held, continuance of proceedings in..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - Permissibility - Exoneration in departmental proceeding - Held, ipso facto would not result into quashing of criminal prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law in the facts and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Two FIR's - Quashing of FIR sought on the ground of manipulation in registering crime - Held, criminal law set in motion cannot be set at naught particularly when both FIRs disclose commission of an offence...........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint - Quashing of - Averments made in complaint filed by respondent u/s.138 NI Act are sufficient to come to conclusion that cheque in question was not issued in discharge of any existing debt or liability - In whatever capacity, respondent might be having cheque, it is..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406-- Quashing of FIR - If there had been any iota of truth in the allegations of complainant, then the complainant would not have waited for a period of nearly one year and four months prior to launching the prosecution of accused - Prosecution launched with the object of wreaking vengeance and as a..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - At behest of third party - An FIR can not be quashed at the behest of third party or at the instance of a person who is not accused - Court cannot interfere with investigation process at the behest of a person whose name does not figure as accused in FIR - Petition dismissed...........
SIKKIM HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceeding - Assault - Respondent No.2 has stated in most categorical terms that he did not desire to pursue with the case against petitioner further as he was his younger brother and that he had forgiven him for his action - Dispute was of private nature as complainant and..........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings at initial stage - Exercise of power - Held, where criminal proceeding is sought to be quashed at initial stages, essential question to be looked into is whether uncontroverted allegations made prima facie establish an offence - If there is any special features..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420-- Quashing of FIR at initial stage - Criminal breach of trust and cheating - Held, when investigation is in progress Court would not be justified in concluding that there is no material to allow investigation process to continue and/or to quash FIR at this stage and thereby to foreclose..........