Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque in question was given for existing debt and for future liability with interest - When subsequently particulars were filled in, it cannot be said that at the time when cheque was deposited there was no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Held, in order to invoke S.141 of NI Act, necessary averments should be found in complaint, u/s 138 of NI Act - Purpose of issuing notice to accused for compliance of demand made therein is not for fastening..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Quashing of - Except in the cause title there are no averments and allegations in complaint that applicant No.2 was Director of company who has issued the cheque - Apart from that even there are no further..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 420, 467, 379 of IPC and 47 of Excise Act - Order of District Magistrate canceling licence has been set aside by Board of Revenue and the matter was remitted to District Magistrate to decide afresh - District Magistrate did not pass any order and the matter is pending since 2006 - Held,..........
Notaries Public Act, 1952, Section 15, Notaries Public Rules, 1956, Rule 4, 7, Constitution of India, 1950, Article 226 -- Appointment as Notary - Name of appellant figured in list of recommenced candidates but later decision was taken not to appoint him - Appellant made application directly to Chief Minister of State - Note issued by C.M. on his application recommending..........
Notaries Public Act, 1952, Section 15, Notaries Public Rules, 1956, Rule 4, 7 -- Appointment as Notary - Empanelment - Appointment refused on ground that application was filed after cut-off date - Such candidate cannot claim appointment against vacancy which arose from quashing of appointment of another candidate as his application was received much after cut-off date..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Non-compoundable offences - Power of High Court u/s 482 Cr.P.C. - Held, High Court can exercise its inherent power to quash proceedings in respect of no, compoundable offences on the ground that parties have settled disputes among themselves - But this principle cannot be applied universally in..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Quashing of proceedings - Respondent No.1/complainant has stated in his reply that he had filed a complaint u/s.138 N.I. Act against petitioner under a belief that he was one of partners of firm whereas he came to know later on that firm..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation of false averments in written statement - Complaint - Quashing of - Whether averments contained in the written statement would constitute an offence of defamation or not? - Held, this question is no more res integra - The civil suit in question has already been..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Prosecution of employee and directors - No specific averment attributing specific role describing the manner as to how petitioners were i, charge and responsible to the conduct of business affairs of company -..........
