Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of additional director - Quashing of - Petitioner is merely an additional director in the company and not a managing director or a joint managing director - No specific averment made in complaint in respect of petitioner's..........
Indian Penal Code, 1860, Section 498, 504, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Victim was aged 18 years plus as on date of incident - She was major on date of alleged incident - She submitted before Court that she had married to applicant on her own volition - Held, no offence punishable u/s 498 IPC made out against applicant - Also..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioner apart from being a designated Director of company, is not shown to have been involved in affairs of company and more particularly in course of business transaction that are subject-matter of..........
Constitution of India, 1950, Article 142 -- Criminal Proceedings - Quashing of - Suppression of material facts - Restoration of trial - Respondent was fully aware about fact that charges had been framed against him by trial Judge - Yet he did not bring same to notice of revisional Court hearing revision against order taking cognizance - Held, it is a clear case of..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Earlier cheque as well as new cheque, both were blank, signed and undated - Instead of returning old cheque, complainant filled up the amount and date in cheque, deposited the same in bank, where the same was dishonoured - Both the..........
Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of FIR - If a bare reading of FIR does not disclose the commission of any offence then in such like matters, FIR deserves to be quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Cheating - Forgery - Quashing of proceedings - Petitioners/accused persons were members of society and were expelled from that society - Petitioners alleged to have conspired and prepared forged documents to cause harm to respondent No.2 who was chairman of that society -..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings - Complainant has manipulated and misused process of Court so as to deprive appellants from their basic right to move free anywhere inside or outside country - Moreover, it would be unfair if appellants are to be tried in such criminal proceedings..........
Criminal Procedure Code, 1973, Section 482 -- Joint charge - Quashing - All different groups of accused are alleged to have committed offences at different points of time arising out of different transactions - No application as contemplated under proviso to S.233 was filed - None of conditions contemplated in clauses (a) to (g) of S.223 were attracted - Held, trial Court..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - As per averments made in complaint petitioner has issued cheques to complainant under his signature - Plea of petitioner that cheque in question was signed by `M' and not signed by him, therefore, he ought not to have been..........
