Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 323 -- Criminal proceedings instituted with mala fide intention - Quashing of - Held, where a criminal proceeding is manifestly attended with mala fides and/or where proceeding is maliciously instituted with an..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Criminal proceedings - Quashing of - It is never the case of complainant that he was abused by petitioner in his official chambers in presence of others - Alleged abusive language never seems to have been made within public hearing or public..........
Negotiable Instruments Act, 1881, Section 138, 141, 482 - - Dishonour of cheque - Complaint - Quashing of - Complaint filed by partner on behalf of u, registered firm sought to be quashed on ground that it is not maintainable - Held, complaint filed by partner on behalf of u, registered firm is maintainable - Proceedings cannot be quashed - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Cheating - Quashing of complaint - From testimony of complainant and that of bank official it is prima facie seen that though petitioner was not partner of firm, but he had so represented and executed receipts and..........
Suppression of a material fact -- Suppressing of fact of filing of petition u/s 482 Cr.P.C. for quashing of charge sheet, which stood rejected and said order attained finality as the same is not challenged any further - Held, it was necessary for petitioner to disclose such a relevant fact - Held, petition is liable to be dismissed only on this sole ground...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Contention that petitioner No.1 (director of company) have resigned from board of directors much prior to issuance of dishonoured cheque - No specific allegation against petitioner No.1, especially in the light of reply of notice - Held,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Non-compoundable offence - Quashing sought on the basis of compromise entered into between the parties - Held, FIR quashed - Petition allowed...........
Clean hands, Criminal Procedure Code, 1973, Section 482 -- Repeated quashing petitions filed - But such information concealed, suppressed and withheld from Court so as to get favourable orders - Held, it is glaring abuse of the process of law at the hands of the petitioner and it must fail...........
