Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - From material on record and looking into facts of case it cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed questions of fact which cannot be adjudicated upon by High Court..........
Indian Penal Code, 1860, Section 498, 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise between parties - Held, taking into account the fact that both parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancor by resolving their differences and entering into aforesaid compromise, it is a fit..........
Prevention of Food Adulteration Act, 1954, Section 13(2),(3),(5), Criminal Procedure Code, 1973, Section 482 -- Adulteration of food article - Prosecution - Quashed - Propriety - Petitioner is deprived of his valuable right u/s 13(3) of the Act - Court is justified in quashing such proceedings...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Criminal proceedings - Quashing of - Delayed investigation - Matter involves siphoning of Rs.46,00,000/- of public funds - Number of accused and voluminous documents - Large number of witnesses put up by prosecution - Investigation was unduly prolonged for more than 9 years - However,..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Quashing of proceedings - If on bare reading of case, offence is made out, then, no order can be made for quashment of criminal prosecution - Such criminal prosecution at initial stage can only be quashed in rarest of rare matter where it is proved that same lodged maliciously or vexatiously in order to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Non-bailable warrant - Quashing of - Factual pleas of defence raised before High Court in petition filed u/s 482 for quashing of no, bailable warrant - Held, High Court cannot examine factual pleas of defence in its jurisdiction u/s 482 - Court is not inclined to interfere with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Exercise of power by High Court - Whether cheque in question was blank or it was subsequently filled by complainant or it was issued for purpose of security or to meet legal liability - Whether contents of reply to legal notice, other..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of proceedings u/s 420 IPC - As per evidence on record, no intention of cheating is made out - Even, in course of their business transaction, orders were placed, goods were supplied, money was paid, but, at end some money found due - Effort..........
Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Petitioners were erstwhile Directors of accused company - Proceedings initiated against them u/ss 120B, 420 and 409 IPC and S.138 of the NI Act - Petitioners sought quashing of proceedings on the ground that proceedings for winding up of company have been initiated and same are pending - Held,..........
