Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Two cheques for a sum of Rs.50,000/- and 30,000/- were dishonoured - Rs.50,000/- was paid in cash which complainant has acknowledged - According to applicant, a sum of Rs.30,000/- was also paid in cash and an endorsement to this..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - All essential ingredients constituting an offence u/s.138 of NI Act are existing in petition of complaint - It can not possibly be said that no prima facie case is made out against petitioner - Specific plea taken by petitioner that disputed cheques were..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415, 420 -- Offence of cheating - Absence of intention to cheat right from beginning - Quashing of proceedings - Held, intention to cheat right from beginning of transaction is essence of allegation of cheating - Therefore, complaint and other materials taken together must disclose at least prima..........
Criminal Procedure Code, 1973, Section 300(1), 482 -- Second litigation on same set of facts - Quashing of - Complaint filed u/s 138 was dismissed on merits - On the same set of facts, another round of litigation by lodging FIR u/ss 420, 467, 471 and 506 IPC - Cognizance taken by Magistrate - Legality - Held, second litigation on same facts could not have been permitted -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cheating - From averments made in complaint and material available on record it is prima facie seen that offences u/ss 415, 418, 460, 468 and 471 are made out against petitioner - No doubt that complainant did have a civil remedy available with him against petitioner but at the same time it cannot be said that..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - General criticism made by A1 to A8 on application of the Act and the Act being misused by some persons - Held, allegation of misuse of provisions of the Act by some persons does not by itself become either..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Cheques returned dishonoured by Bank for the reason that signatures of account holder are different - Account was in the name of another person - Held, impugned order taking cognizance against petitioner liable to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Legally payable debt - Existence of - Cheque issued to satisfy money payable under consent decree in Special Civil Suit got dishonoured - Complaint - Quashing of - Held, plaintiff had already performed proclamation of relinquishment by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Case of complainant/respondent that cheque issued by accused/applicant towards security of payment for work to be carried out by complainant was dishonoured - Nature of transaction disputed by applicant on basis of her own..........
Criminal Procedure Code, 1973, Section 482 -- Summoning order - Quashing of - Held, it cannot be said that no offence is made out against applicants - All submission made at the bar relates to disputed question of fact, which cannot be adjudicated upon by High Court u/s 482 CrPC - At this stage only prima facie case is to be seen - Petition dismissed...........
