Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Principles of civil law cannot be applied to criminal proceedings particularly, when the allegations and counter allegations in the quashing petitioner, are, in fact, to be tested at the trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Dispute personal in nature - Parties compromised - No useful purpose will be served by requiring the parties to undergo the ordeal of criminal trial - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a document which is beyond suspicion or doubt is placed on record and on consideration of same accusation against accused cannot stand then it is incumbent on the High Court to look into those documents and grant relief to the person concerned...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of F.I.R. - Exercise of power - Respondent had sought quashing of FIR - High Court, while disposing of petition has directed that no adverse or punitive action be taken against petitioner in pursuance of FIR till the instant petition is decided - Challenge thereto - Held, High Court while deciding petition filed u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Petitioners sought quashing of proceedings on the ground that they had paid their share and remaining amount of cheque has to be paid by other partners of company - Held, ground taken by petitioner can be adjudicated only during the course of trial - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - A perusal of complaint showing that the same has been filed against petitioner in his individual capacity and not in his capacity as a Director authorized signatory of company - Contention of Petitioner that the premises was leased..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - Civil proceedings when initiated with mala fides or with ulterior motive - Continuance of which will amount to abuse of process of Court - High Court can quash such a plaint in..........
Criminal Procedure Code, 1973, Section 482, 319, Indian Penal Code, 1860, Section 498A, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Summoning order has been passed against father-i, law, mother-i, law and husband after recording statement of complainant and witnesses that applicants withheld the articles given to wife at the time..........
