Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B - - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant has..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint and proceedings - Matrimonial dispute - Petitioner and first respondent submit that their marriage has been dissolved by a decree of divorce and they are living separately - First respondent submits that she has no issues and she is not interested in prosecuting the case - Held, in the circumstances, even..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter case - Quashing of proceedings - Issuance of cheque by "V" for supply of products - Cheque was handed over to complainant by "S" on behalf of accused being his business associate - After 8 days of issuance of demand notice "V" moved an application u/s..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Petitioner is facing trial for the last 11 years - Respondents are least bothered to pursue the matter - It seems that respondents are not interested to led any evidence even before pre-charge stage - They only want to harass petitioner - Held, since the matter is listed on 19.04.2012 before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint sought on the ground that cheque book and passbook got lost, after death of petitioner's husband and respondent misused the same - Held, plea is factual in nature and cannot be examined by High Court in its jurisdiction u/s 482 of CrPC -..........
Criminal Procedure Code, 1973, Section 196(1), 482, Indian Penal Code, 1860, Section 295A -- Want of sanction for prosecution - Quashing of complaint - Criminal complaint filed u/s 295-A IPC - High Court has already quashed proceedings against co-accused on the ground of failure to obtain sanction for prosecution - Case of present petitioner is identical - Held, since..........
Criminal Procedure Code, 1973, Section 320(9), 482, Indian Penal Code, 1860, Section 386, 387, 451, 506, 120B -- Compounding of offence - Quashing of criminal proceedings - Complainant, in his counter has, in an unambiguous language as well as in precise and clear terms, stated that they have resolved their disputes amicably and reduced terms of agreement into writing - He..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 20 - - Possession of assets disproportionate to known sources of income - Framing of charge - Quashing of - Held, while exercising power u/s 482 Cr.P.C., scope of interference is very limited - High Court will not delve into the..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Question as to whether petitioner is i, charge and responsible for the affairs of company - Held, it would be a matter of evidence - Said question cannot be decided by way of petition filed..........
