Criminal Procedure Code, 1973, Section 362 -- Review - Earlier revision petition was dismissed by High Court by confirming order dismissing application for discharge - Since first prayer in writ petition was for quashing of complaint itself, therefore, dismissing first prayer in writ petition on the ground of bar of S.362 Cr.P.C. is erroneous...........
Constitution of India, 1950, Article 226 -- Quashing of complaint - Complainant had given up his rights under agreements to sell on the basis of which complaint was filed - Continuation of complaint would be nothing but an abuse of process of law - Complaint quashed...........
Indian Penal Code, 1860, Section 420, 468, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie forging of documents and taking benefit of such forgery is established on record - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of total fine amount - There was no exceptional circumstances which were found by appellate Court in not directing for deposit of 20% of total fine - Order directing to deposit 20% of fine amount is proper - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 376D, 34 -- Rape - Quashing of proceedings - Proceedings cannot be quashed merely on the basis of fact that victim has forgiven the accused - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506 -- Rape - Quashing of FIR - Relationship between accused and prosecutrix in respect of indulging in sexual activities was not shown to be consensual to justify quashing of criminal complaint at the threshold - Allegations in the F.I.R. prima-facie constitute the commission of alleged offence - Defence of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For the purpose of exercising its power u/s 482 Cr.P.C to quash criminal proceedings, High Court would have to proceed entirely on the basis of allegations made in the complaint or documents accompanying the same per se - High Court has no jurisdiction to examine the correctness or otherwise of..........
Prevention of Corruption (Amendment) Act, 2018, Section 7(a), 7(A) -- Illegal gratification - Allegation levelled against accused in the prosecution records discloses the offences alleged against accused - Correctness or otherwise of allegations levelled in the final report is a matter to be tested during the course of investigation - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 14 -- Dishonour of cheque - Offence by Company - Directors - S.14 of IBC applies to corporate debtor and it is not applicable to natural persons - Directors being natural persons are not exonerated from criminal liability u/s 138 of N.I. Act - Petition for quashing of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Only because civil remedy was available to informant, that itself cannot be a ground to quash criminal proceedings...........
