Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
Criminal Procedure Code, 1973, Section 482, 169 -- Quashing of proceedings - Closure report filed by police - Statements of witnesses which were recorded by police and report given by CSP does not appear to be correct as he has merely given a finding that in absence of any documentary evidence it cannot be said that respondent No.2 has paid the amount to applicant -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations involve civil and criminal dispute - Said criminal proceedings cannot be quashed merely on ground that case is of civil in nature...........
Criminal Procedure Code, 1973, Section 482, 464, 218, 216, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 11(j), 26 -- Quashing of proceedings - Framing of composite charge of offences - Defect in framing charge - If any, is an irregularity curable by trial Court on prayer of party or on his own motion and it is not an illegality which may vitiate..........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 120-B IPC - Illegal gratification for purpose of exchange of land - There is no evidence on record to show that petitioner has meeting with the Collector who passed the order or that present petitioner approached Collector to secure order in his favour..........
Madhya Pradesh Public Distribution System (Control) Order, 2009, Section 11(5), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Word "Only" cannot be read as to quash FIR on ground that since complaint has not been made by Collector, therefore, Police cannot register FIR on basis of complaint made by any other person, even if same discloses commission of..........
Essential Commodities Act, 1955, Section 7, 10A, Criminal Procedure Code, 1973, Section 482, Madhya Pradesh Public Distribution System (Control) Order, 2009, Section 11(5) -- Quashing of FIR - Irregularities in Fair Price Shop, violating condition of Order - When charge sheet has been filed and cognizance has been taken then under circumstance whether I.O. was competent to..........
Indian Penal Code, 1860, Section 420, 120B, 34, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Cheating - Criminal conspiracy - Quashing of FIR - Case involves a multi-victim scam - Petitioners were Independent Representatives (IRs) of company which is accused of cheating and dishonestly inducing victims to invest monies in a fraudulent..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4 -- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave..........
Criminal Procedure Code, 1973, Section 482, Excise Act, 1914, Section 34(2) - - Quashing of proceedings - Offence u/s 34(2) of Act of 1915 - In the instant case, co-accused stated that he purchased liquor from shop of petitioner - However, said fact does not amount to discovery of new fact - Even, there is no other incriminating material against petitioner - In absence of..........
