Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Plea as to issuance of cheque as security cheque - Not tenable at this stage, as same will be adjudicated after parties lead evidence - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of complaint - Complaint filed by company through its Director - Director was authorized to file complaint in view of valid resolution passed by Company - Contention of petitioner that Director was not an authorized person to file the complaint rejected...........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution - Quashing thereof - Magistrate vide its order permitted respondent No.1 to conduct prosecution - Respondent No.1 is the person aggrieved, whose compound wall is demolished - Hence, conduct of prosecution is given to best and safest hand - Order of Magistrate affirmed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506 -- Cheating - Forgery - Quashing of proceedings - Breach of contract - It is nowhere stated in complaint that there was any intention on part of accused to cheat or defraud at inception of contract - It is admitted that pursuant to agreement, two installments were paid and thereafter subsequent installments were..........
Indian Penal Code, 1860, Section 500, 501 -- Defamation - Filing of false case - Quashing of proceedings - Prima facie case made out against accused - Truthfulness of allegations cannot be tested in a petition u/s 482 Cr.P.C. and even trial Court cannot embark into an enquiry regarding authenticity of allegation which is the subject matter of trial - Trial Court taking..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be decided while exercising power u/s 482 Cr.P.C - Court has to accept all allegations as true and thereafter has to come to a conclusion that allegations so made against accused, prima facie make out any offence or not...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Defence raised by accused cannot be considered at the stage of exercising power u/s 482 Cr.P.C and legitimate prosecution should not be stifled at such an early stage...........
Indian Penal Code, 1860, Section 498A, 323, 34 -- Cruelty - Allegation against cousin brother-in-law - Plea of separate residence - Quashing of FIR - Specific allegation against applicant that after death of husband of respondent, he along with her i, laws was harassing and treating her with cruelty - Respondent was beaten by applicant and other co-accused and has been..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 34 -- Quashing of summoning order - Offence u/ss 448, 34 IPC - Charge-sheet and its annexure were not available before trial Court, when impugned summoning order was passed - Since the charge-sheet also records the role of petitioner though to limited extent, it was incumbent on trial Court..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash proceedings if it comes to conclusion that allowing proceedings to continue will be abuse of process of law...........
