Indian Penal Code, 1860, Section 420, 120B -- Cheating - Quashing of FIR - Locus standi to file FIR - Complainant is stranger to entire exercise allegedly adopted by accused in connivance with accused no.2 - He is not effected with any of transactions by accused - Complainant thus, has no locus standi to lodge FIR - FIR quashed, particularly when aggrieved person of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Summoning order challenged after more than 4 years of passing of order - Neither any plausible explanation nor any sufficient cause in petition for such delay - Summoning order is barred by principle of delay and laches - Quashing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Cheque clearly bears signature of petitioner - Petitioner was not a Director at the time of signing of cheque or same is without consideration cannot be evaluated, appreciated or decided at this stage which requires recording of oral and documentary evidence which can be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of proceedings - Medical negligence - Neither doctor was drunkard nor he used tools which were not meant for surgery - Thus, it is a fit case where powers u/s 482 Cr.P.C can be exercised - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of complaint - Cheating - For conviction u/s 420 IPC, prosecution was required to prove the offence of alleged cheating and forgery i.e., the element of deception and misrepresentation as enumerated..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of order farming charge - Allegation against mother-in-law and jethani - On the basis of charge sheet and material filed along with charge sheet Magistrate framed charges against accused - At the stage of framing of charge, Court is concerned only with prima facie materials presuming accused has committed..........
Indian Penal Code, 1860, Section 420, 465, 466, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482, 197 -- Quashing of proceedings - Cheating - Manipulation and tampering of public records - Documents in questions were manipulated and tampered by A-1 to A-5 with the help of officials of Registration Department with an intention to introduce Common pathway in..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Quashing of proceedings - Pendency of civil suit - Averments in complaint and suit entirely different - Transaction a money transaction - Complainant who had opted his remedy before civil Court, with an apprehension of not getting a favourable order, has given a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of complaint - Cheque in question issued under signature of A-7 on behalf of Company/A-1 - A-7 is handling all financial business of Company - No averment in complaint against Directors A-2 to A-6, A-8, A-9 that they are involved in day to day affairs of Company and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - Final report filed on the basis of material on record that a prima facie case is made out - High Court quashed the final report without observing anything on merits of Final Report - Held, High Court clearly erred in exercise of powers u/s 482 Cr.P.C. in quashing and setting aside criminal proceedings..........
