Criminal Procedure Code, 1973, Section 482 -- Order declaring proclaimed offender - Quashing of - Held, petitioner who is proclaimed offender and who has not submitted to jurisdiction of Court cannot invoke inherent jurisdiction of High Court u/s 482 Cr.P.C. - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482, 320 -- Non-compoundable offences - Quashing of proceedings - Exercise of inherent powers - No due certificate issued by respective banking authorities would go to show that the balances, which were due to respective banks were paid and settled by way of one time settlement scheme and hence second respondent bank has also stated..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Code of Criminal Procedure is epitome of law and is complete Code relating to Criminal Procedure from the first stage of filing the complaint, framing of charge till the conclusion of the trial and all other related matters - Likewise, if there is no material/evidence on record, then accused would be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Scope and jurisdiction of High Court - Held, scope and jurisdiction for quashing a complaint, as envisaged under Section 482 Cr.P.C. is not res integra - The power under this Section has to be exercised with great care and caution and on sound principle - These powers are not to be exercised to stifle..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Proceedings against directors - Quashing of - Issuance of process against petitioner and co-accused - Petition filed by co-accused for quashing of criminal proceedings has already been dismissed by Court - No dispute that petitioner..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of guarantor in individual capacity - Quashing of complaint - Held, a person named as a guarantor in loan agreement cannot be prosecuted as an accused in a case u/s 138 of the Act - Complaint quashed - Petition allowed...........
Stamp Act, 1899, Section 47A, Uttar Pradesh Stamp Rules, 1942, Rule 340 -- Deficiency in stamp duty - Quashing of demand notice - Appeal against - Nature of user is relatable to date of purchase and it is relevant for calculation of stamp duty - Merely because property was purchased for residential purpose and is now being used for commercial purpose at the later point of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Charge not yet framed - Proceeding cannot be quashed at the initial stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Question as to whether notice was not served due to change of address or that accused subsequently prepared the drafts for payment were for the same very amount of dishonoured cheque and not for any other..........
Indian Penal Code, 1860, Section 498A,504,506, Dowry Prohibition Act, 1961, Section 3,4, Criminal Procedure Code, 1973, Section 482 -- Dowry Prohibition Act - Summoning of accused for an offence u/ss 498-A, 504, 506 IPC and ,Ss. 3, 4 - Quashing - Complainant married as per Islamic customs - Demand of dowry for which complainant was tortured - Complaint against husband,..........
