Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of order - Dishonor of cheque - Applicant/bank manager acted in accordance to his duty and is not liable for private transactions - Even, responsibility for payment lies on drawer of cheque only - Moreover, no ingredients for making out offence against applicant are..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing - FIR can only be quashed in the rarest of the rare cases, only if it is proved that the same was lodged maliciously or vexatiously in order to wreck vengeance and only in that eventuality, FIR amounts to abuse of process of Court and not otherwise...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Criminal proceedings Quashing of Cross case against both parties - Compromise between parties during pendency of petitions filed u/s 482 CrPC - Held, criminal proceedings liable to be quashed - Order accordingly...........
Criminal Procedure Code, 1973, Section 482, 378, 407 -- Non bailable warrants - Quashing - Petitioners were required to appear before Special Judge - However, petitioners not made aware of the pending proceedings - Petitioners want to put in appearance and join the proceedings - Impugned order quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Original complainant is not found to be payee and/or holder in due course of cheque which has been dishonoured thus, she has no locus standi to file complaint for offence u/s 138 of the Act - Complaint at instance of respondent no.2..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Contention on behalf of petitioner/accused that cheque in question was not dishonoured because of insufficiency of funds but for the reason that signatures did not tally with..........
Prevention of Food Adulteration Rules, 1955, Criminal Procedure Code, 1973, Section 482 -- Misbranded tea - Sale of - Criminal Proceedings - Quashing of - Allegation is that the words 'BEST BEFORE' on packet of Dandi Tea were printed in small letters violating R.32 of the Rules, as same does not conform to labeling provision of R.32 - Held, empty packet of Dandi Tea shows..........
Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A and 406 of IPC - Matrimonial dispute - Quashing of charge-sheet and proceedings - Settlement arrived at between the parties and marriage stood dissolved by mutual consent - Entire settled amount has been received by wife - She is no more interested to pursue the matter - She has no objection if FIR is quashed..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by partnership firm - Prosecution of partner - Quashing of proceedings - Petitioner/accused No.4 had already retired as a partner of accused No.1/Partnership Firm - Petitioner/accused No.4 was thus not Partner of accused No.1 at the relevant time..........
Criminal Procedure Code, 1973, Section 482 -- Death due to negligence - Quashing of FIR - Petitioner is proprietor of M/s. Tarun Electricals which carries on work of maintenance of electrical installations of BSES Yamuna Power Ltd. on annual maintenance contract basis - Deceased died on account of fall from an electric pole while he was performing his duties - Petitioner..........
