Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Notice - Returned due to unavailability of addressee - Notice sent to accused through registered post on his correct address - Once notice has been sent by registered post with acknowledgement, it must be presumed that service is made effective - Service of notice has to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque returned with endorsement "kindly contact drawer/drawee bank and pleasen" - Plea that cheque was not returned for insufficient funds - Held, onus to prove that at the relevant time accused had sufficient balance in his account has to be proved by summoning bank record -..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 316, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Cruelty - Dowry demand - Compromise arrived at between parties - High Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C may quash the proceedings in respect of no, compoundable..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Matrimonial dispute - Inherent jurisdiction of High Court may be suitably exercised if parties inter se have mutually decided to bury hatchet and settle the matter amicably in between them in a criminal litigation emanating from matrimonial disputes, which are quintessentially of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(VA) -- Quashing of FIR - Offence u/ss 323, 341, 427, 34 IPC, S.3(2)(VA) of SC/ST Act - Parties have already entered into compromise and resolved their dispute amicably - Complainant does not..........
Indian Penal Code, 1860, Section 279, 337, 338, Criminal Procedure Code, 1973, Section 482 -- Accident - Rash and negligent driving - Compromise - Quashing of FIR - Offence in question is simple in nature - Complainant is no more interested in carrying on with criminal proceedings - No fruitful purpose would be served in continuing with criminal proceedings - FIR and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Truthfulness of statements of witnesses cannot be scrutinized in application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of fact cannot be adjudicated upon by Court in proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406 -- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 20(3) -- Dishonour of cheque - Quashing of complaint - Offence by company - Accused not named as authorised signatory - Court directed accused to file affidavit as to whether he was such authorised signatory or not - Seeking such affidavit..........
