Criminal Procedure Code, 1973, Section 482 -- Quashing of proceeding - Offence u/ss 420, 467, 468 & 471 IPC - Cheating & impersonation - In order to become eligible for the post of Pradhan, applicant managed a change of his name in electoral roll - He further got the name of his father also changed - Held, prima facie case made out against applicant - Proceedings cannot be..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Prosecution of Director - Quashing - Petitioner is merely a director of Company and has no active participation in the business of Company - Held, proceedings initiated against petitioner liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, proviso (b) S.138 of N.I. Act stipulates notice regarding dishonour of cheque and demanding discharge alone - There is no statutory mandate that notice shall narrate nature of liability - Therefore, omission or error in notice..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Complaint - Quashing of - Trust property - Offence of criminal breach of trust - Quashing of complaint sought on the ground of delay in trial - Prima facie conduct of appellant appears to be bad - Held, allowing the proceedings to continue would not be an abuse of process of court -..........
Criminal Procedure Code, 1973, Section 340, 195, 482 -- False statement - Quashing of proceedings - Applicant alleged to have made a wrong statement that revision of other side was dismissed with costs - Held, this statement does not have direct bearing on the outcome of proceedings and would not constitute false statement - It is only that statement which has direct..........
Criminal Procedure Code, 1973, Section 244, 245, 246, Indian Penal Code, 1860, Section 498A, 452, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of criminal proceeding - One singular act of demand of dowry - Held, it would neither constitute cruelty nor harassment - A single act of cruelty would also not be sufficient to cause mental agony to a person - It..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 325 -- Summoning of additional accused - Quashing of order - Court below while passing order u/s 319 CrPC has not recorded any specific finding as to whether or not the evidence adduced, if unrebutted, would be sufficient to record a conviction against petitioners - Held, in absence of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing - Criminal prosecution cannot be quashed on the ground of exoneration in departmental proceedings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A -- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against..........
Criminal Procedure Code, 1973, Section 482, 320 -- Non-compoundable offences - Quashing of proceedings - Mutual settlement - Power of High Court - Held, High Court in exercise of inherent jurisdiction u/s. 82 Cr.P.C. is competent to quash criminal proceedings on the basis of mutual settlement between parties, particularly, where High Court is of the opinion that quashment..........
