Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If allegations are absurd or do not make out any case or if it can be held that there is abuse of process of law, the proceedings can be quashed but if there is a triable case Court does not go into reliability or otherwise of the version or the counter version - In matrimonial cases, Courts have to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing - Quashing of complaint and summoning order - Notice u/s 251 CrPC not yet framed - Petitioner has alternate and efficacious remedy available to urge pleas before trial court during framing of notice u/s 251 CrPC - Inherent powers u/s 482 CrPCnot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of pay order - Complaint against Bank and its Branch manager - Proceedings against Bank already dropped - In such a situation, complaint against Branch manager cannot be proceeded - Moreover, in the absence of necessary details as regards the property based on which the transaction was entered into between the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Quashing of FIR - FIR against A2 already quashed - Petitioner never resided with the complainant or with the accused - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque by guarantor - Cheque is not towards debt but towards other liabilities - Issuance of cheque as security stand on different pedestal than the cheque issued by guarantor - Cheque issued by guarantor is for discharge of liability towards payment - Held, cheque is covered by S.138 of the..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Closure of defence evidence - Quashing of order - Despite of several opportunities, petitioner failed to produce any defence evidence - Trial Court committed no error by closing the opportunity of petitioner to produce defence evidence - Petition dismissed...........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 - Quashing of FIR - Demand of dowry on telephone - No specific role of any of accused persons mentioned - Moreover, when respondent No.2 had not visited the house of accused persons after returning from America, where husband of respondent No.2 is living, how the allegations levelled in FIR regarding..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Quashing of notice 13(2) of the Act - Counsel for Respondent submitting that notice has been withdrawn - Grievance not surviving - Rule discharged...........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Parties came to an amicable settlement during pendency of appeal filed against dismissal of petition u/s 482 Cr.P.C. for quashing criminal proceeding initiated by wife - An amount of Rs.15/- lacs was agreed to be paid by husband to wife towards alimony, maintenance (Past, present and future) - Rs.5..........
Criminal Procedure Code, 1973, Section 173(8), 482 -- Dowry death - Further investigation - Charge-sheet filed after 3 years - Quashing of order taking cognizance - Investigation against petitioners kept pending u/s 173(8) Cr.P.C. - Charge sheet failed after a lapse of three years - No material was collected before filing of charge sheet - Even interrogation was not made..........
