Criminal Procedure Code, 1973, Section 482 -- Cognizance of offences - Quashing of - Cognizance of offences punishable u/ss 147, 504, 506, 352, 323, 325 and 308 of IPC - Held, from perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against applicants - All submissions made at the bar relate to..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of proceedings - Respondent/complainant has not specified role of Directors in day-to-day affairs of company - Held, pleadings for proceeding against petitioners as an accused u/s.138 of the Act as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Death due to medical negligence - Prosecution of Doctor - Quashing of - Quashing of prosecution sought on the ground that there are two different opinions from two sets of Doctors - Held, High Court u/s.482 Cr.P.C. cannot make a roving enquiry so as to give a finding as to which among two..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of MD - Quashing of proceedings - At the time of presentation of cheque petitioner was Managing Director of accused No.1-Corporation - Held, petitioner is prima facie answerable to claim - At this stage, it is not..........
Indian Penal Code, 1860, Section 363, 376, Prohibition of Child Marriage Act, 2006, Section 3 -- Quashing of FIR u/s 363 or S.376 IPC on the basis of statement of minor that she has contracted the marriage of her own - Consummation with the wife below the age of 15 years, is an offence - No exception can be made to the said constitutional mandate - If the girl is more than..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Former secretary of society committed a mischief and issued number of cheques, which were for considerable amount, to an erstwhile worker (who is complainant) of society during the time of previous officer bearers - Cheques were..........
Insecticides Act, 1968, Section 30(3) -- Quashing of complaint u/ss 3k(1), 17, 18, 29 & 33 & Insecticides Rules 1971, R.27(5) - Misbranding of insecticide - Prosecution of dealer and distributor - Quashing of proceedings - Petitioners are not manufacturers of insecticides but dealer and distributor - Nothing on record to suggest that insecticide was not properly stored -..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque dishonoured due to insufficient funds - Cheque again presented and again dishonoured - Notice given which was received back unclaimed - Complaint filed within a month - No illegality in notice as well as complaint which..........
Criminal Procedure Code, 1973, Section 482 -- Compromise - Quashing of proceedings - An offence not compoundable u/s 320 Cr.P.C. is by itself no reason to refuse exercise of power u/s 482 Cr.P.C. - Inherent power of High Court is not controlled by S.320 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement arrived at between the complainant and accused - No chance of recording a conviction - Entire exercise of trial is destined to be an exercise in futility - FIR quashed...........
