Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Dishonoured cheque returned by Bank on 07.02.2008 with an endorsement that funds were insufficient - Legal notice sent on 03.03.2008 demanding cheque money - First complaint filed on 29.04.2008 which was dismissed in default..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of order taking cognizance - Complainant received information of dishonour of cheque on 25.08.2008 - Demand notice issued on 6.11.2008 through registered AD - Held, demand notice issued much later of 30 days period as required u/s.138(b)..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Legality - Respondent/accused was functioning as Deputy Registrar when more than 102 sale deeds were executed and all those documents were prima facie found to be forged - Question whether respondent/accused was aware that sale deeds were executed for getting unlawful gain which may cause..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Offence u/s 326 IPC - Dispute between husband and wife - Couple has reconciled and resolved their differences - They are happily residing together as stated by them in open Court - Held, it is for happiness of couple and entire family that criminal proceedings be also terminated - Even though..........
Land Acquisition Act, 1894, Section 4, 6, 5A -- Land acquisition - Quashing of notification - Tenure holders/persons interested neither filed objections u/s 5-A of the Act, nor challenged land acquisition proceedings - Instead they chose to withdraw the compensation awarded in 1983 and 1986 - After expiry of three decades they cannot be permitted to challenge the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Held, where the factual foundation for an offence has been laid down, the Courts should be reluctant and should not hasten to quash the proceedings even on the premise that one or two ingredients have not been stated or do not appear to be satisfied if there is substantial compliance to the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409 -- Criminal trial - Delay and latches - Quashing of - Proceedings - Petitioner is accused of embezzlement of meager amount - Occurrence is of the year 1982 - Charge sheet was filed in the year 1993 - Investigating agency took about eleven years to finalize investigation - Charge was framed on..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b) -- Protest petition - Taking of cognizance - Quashing of - Protest petition filed by informant stating that within ten days IO submitted final report on the basis of imaginary facts - He has not done investigation thoroughly - This protest petition was supported by an affidavit - Magistrate has rejected final report..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Magistrate considered ocular and documentary evidence adduced by complainant and proceeded to take cognizance of case - Held, no illegality or irregularity in issuing summon to petitioner/accused after taking cognizance of..........
Criminal Procedure Code, 1973, Section 482, 177 -- Quashing of proceedings - Place of incident - Jurisdiction of Magistrate - All the alleged incidents of demand of dowry are said to have taken place at "J" - Only date mentioned is 27.11.2005, on which date it is alleged that the daughter of complainant was sent to "M" in the clothes that she was wearing and since then she..........
