Prevention of Corruption Act, 1988, Section 13(1), 13(2), Indian Penal Code, 1860, Section 420, 201, 120B -- Corruption case against former Chief Minister - Quashing of FIR -Imputations leveled in FIR to proceed against petitioner, a former Chief Minister of State, in the facts and circumstances presented in the case, not only do not make out any offence to proceed against..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 147, 148, 149, 323, 307, 452, 506 -- Quashing of proceedings - Compromise - Offence u/ss 147, 148, 149, 323, 307, 452, 506 IPC - Offences of personal nature - Alleged offences are neither heinous offences nor against society - Continuation of criminal proceedings would tantamount to abuse of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR at initial stage - Criminal breach of trust and cheating - Held, when investigation is in progress Court would not be justified in concluding that there is no material to allow investigation process to continue and/or to quash FIR at this stage and thereby to foreclose..........
Negotiable Instruments Act, 1881, Section 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Quashing of proceedings - Company has not been made an accused in complaint case which is filed only against petitioner describing him in his official capacity - Held, cognizance taken against petitioner for..........
Indian Penal Code, 1860, Section 467, 468, 471 -- Forgery - FD in the joint account - By making an endorsement the same converted into single account without knowledge of the other holder - Constitutes offence u/ss 467, 468 & 471 IPC - Quashing u/s 482, held, not justified...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Proceeding initiated u/s 138 of N.I. Act sought to be quashed on ground that there was proceeding `stop payment" instruction - Held, proceedings cannot be quashed on ground of "stop payment" instruction - Rather in view of..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceeding - Quashing of - All the submissions made at the bar relate to the disputed questions of fact - Held, question of fact cannot be adjudicated upon by High Court u/s 482 Cr.P.C. on the basis of documents filed by applicants along with petition as it is the function of trial judge - At this stage only prima..........
Criminal Procedure Code, 1973, Section 482 -- Offence u/s 294 IPC - - Order taking cognizance - Quashing of - Offence u/s 294 IPC alleged to have been occurred in the room of Managing Director of company - Held, office room of MD/petitioner cannot said to be a public place - A necessary ingredient of offence u/s 294 of the IPC is that it must occur in a `public place'..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Question as to whether petitioner at the time when offence was committed was in charge of or was responsible to company for conduct of business of company as its chairman or otherwise is matter of evidence to be considered at stage of..........
Criminal Procedure Code, 1973, Section 482, 155(4), 196(1A), Indian Penal Code, 1860, Section 500, 505(2) -- Quashing of proceedings - Joint trial of no, cognizable offence and cognizable offence - Quashing of proceedings initiated on cognizable offence - Effect - Held, no, cognizable case should be treated as a cognizable offence till the end of trial provided that there..........
