Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Certain civil suits are pending between the parties - Held, it will not bestow any right to petitioners to stop proceedings under NI Act when necessary ingredients of NI Act are fulfilled by respondent...........
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320, 4(2), Negotiable Instruments Act, 1881, Section 147, Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 147, Companies Act, 1956, Section 391, Negotiable Instruments Act, 1881, Section 138, 147,..........
Negotiable Instruments Act, 1881, Section 138, 141, 482 - - Dishonour of cheque - Quashing of proceedings - Proprietorship Firm - Liability of proprietor - Cheque has been issued by original accused No.1/Proprietorship Firm and signed by its Proprietor - Said cheque is drawn from bank account maintained by original accused No.1 - Held, it cannot be said that for dishonor..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135, Indian Penal Code, 1860, Section 379 -- Quashing of complaint - 79 gold biscuits of foreign markings were recovered from the possession of petitioner - Held, mere possession or dealing with such gold, in any manner, is an offence punishable under the Act - Whether the gold biscuits were..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135 -- Complaint - Quashing of - Scope and jurisdiction of High Court - Held, scope and jurisdiction of this Court for quashing a complaint at the initial stage of the trial under section 482 Cr.P.C. are not res integra - It is well settled proposition of law that in case, on the bare reading,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Quashing of charges - File in question was taken by petitioner in good faith from respondent for the purpose of reconciling accounts - Same was never returned despite repeatedly asking by complainant - Held, ingredient of entrustment fulfilled - Charges framed..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Purchase of land - Allegation of cheating - Allegations contained in FIR and case diary statement would show that land is adjacent to a road and 125 feet front would be provided - There is nothing in allegations that any such representation much less fraudulent misrepresentation was made by the petitioners..........
Prevention of Corruption Act, 1988, Section 15, Criminal Procedure Code, 1973, Section 482 -- Corruption - Quashing of proceedings - Ingredients of offence u/s 15 of Act of 1988 made out - At this stage, individual role of each accused can/should not be considered...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Dispute of civil nature - Held, allowing the prosecution of applicant to go on for the charge u/s 420 IPC, which is not made out at all, will not serve the interest of justice - Proceedings liable to be quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Quashing of FIR - Petition for quashing of FIR on the basis of alleged compromise - It is not in dispute that petitioner No.4 is a proclaimed offender - Held, since this petition for quashing of FIR has been filed on behalf of a proclaimed offender, who is not submitting to the jurisdiction of the..........
