Civil Procedure Code, 1908, Section 100 -- Second appeal - Supply of electricity - Supplementary bill - Quashing of - Validity - Plaintiff challenged supplementary bill by submitting that despite the fact that the meter was burnt, it was recording correct consumption - Plaintiff did not request respondent Board to send meter to Electrical Inspector for inspection -..........
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 - Except the averments, that directors were i, charge and responsible to company nothing has been stated as to what part was played by directors petitioners and how they were..........
Criminal Procedure Code, 1973, Section 482, Representation of the Peoples Act, 1951, Section 125A, 79(b), 32, 33, 33A -- Criminal proceedings - Quashing of - Affidavit contained a false averment and the Form 2A filed with nomination contained false statement, suppression of his previous conviction in a criminal case, was the basis of a complaint from returning officer, on..........
Criminal Procedure Code, 1973, Section 482 -- Non-bailable warrant - Quashing of - Petitioner concealed the fact of filing earlier application u/s 482 Cr.P.C. in present petition - Held, petitioner not coming with clean hands - Application liable to be dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint filed against petitioner with mala fide intention and oblique motive to unnecessarily harass him - Complainant failed to appear in the case in spite of service of notice upon him twice - Held, entire proceedings liable to be..........
Negotiable Instruments Act, 1881, Section 138, 142, 420, 482 - - Dishonour of cheques - Cheating & criminal breach of trust - Quashing of - First element of deception constituting an offence of cheating is lacking as nowhere allegations made in complaint do indicate about complainant being deceived by petitioner in any manner - None of ingredients required to constitute..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 120B, 482 - - Dishonour of cheque - Cheating & criminal breach of trust - Quashing of entire criminal proceedings - None of ingredients required to constitute offence u/s.405 of IPC attracted even if entire allegations are accepted to be true - Necessary pleadings with respect to..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Bank guarantee encashed even before receipt of notice by complainant when there is no material on record by which it can be inferred that complainant was not agreeable to extend bank guarantee - Encashment of bank guarantee is sufficient proof of intention..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Encashment of bank guarantee - No allegation or material on record for holding petitioner No.2 directly or vicariously liable for offences for which FIR registered - FIR against petitioner No.2, quashed...........
Constitution of India, 1950, Article 311 -- Disciplinary proceedings - Long delay - Delinquent charged of corruption - Disciplinary proceedings could not be held as charge memo was quashed - Incident becoming two decease old Court refused to go into validity of quashing of charge memo on merits...........
