Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Proceedings cannot be quashed on the ground that cheque issued was qua time barred debt - Debt whether was time barred or not can be decided only after evidence is adduced as it is a mixed question of law and fact - Order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Proceedings cannot be quashed on the ground that cheque issued was qua time barred debt - Debt whether was time barred or not can be decided only after evidence is adduced as it is a mixed question of law and fact - Order quashing proceedings set aside...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Illegal gratification - Quashing of FIR - Petitioner contended that complainant and Investigating Officer are one and the same and that the very FIR therefore is liable to be quashed - Contention rejected as FIR was registered on the source information and investigating officer proceeded on that basis...........
Indian Penal Code, 1860, Section 409 -- Criminal Breach of trust - Quashing of proceedings - Petitioner contended that if there was any intention on his part to commit criminal breach of trust, the amount would have been huge money and not a mere Rs.1,44,381 - Contention rejected as criminal breach of trust of Re.1/- or Rs.One Crore is equally punishable - Moreover,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Where after taking into consideration the allegations levelled in FIR no case is made out, High Court can quash FIR while exercising power u/s 482 Cr.P.C - However, High Court must exercise its inherent powers for the purpose of quashing FIR very rarely and not in a routine manner...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 182 -- Quashing of complaint - False information - Investigating agency has failed to show that appellant has given information which she was knowing and believing to be false but still gave the information to harass the respondent No.3. - Failure to make out a case u/s 182 IPC - Complaint u/s 182..........
Indecent Representation of Women (Protection) Act, 1986, Section 4, 6, 5 - - Offence u/ss 4, 6 of Act - Quashing of proceedings - Irregularity or illegality in seizure is not a ground to quash the proceedings on the other hand it is a matter of evidence how it caused prejudice to accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - A person who has merely filled the cheque is not liable u/s 138 of the Act - As far as drawer of cheque is concerned, no notice u/s 138 of Act issued to her demanding payment of cheque amount - Complaint filed prior to lapse of fifteen..........
