Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Entire material in charge sheet, even if proved up to the hilt, does not make out any involvement of petitioner `M' in alleged commission of offence and it cannot be said that material brought in charge sheet are sufficient to proceed against him and subject him to criminal trial - It is not..........
Negotiable Instruments Act, 1881, Section 138, 143(3), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Proceedings challenged after almost two years of summoning order passed by trial court - Held, S.143(3) of NI Act, 1881, requires that the trial shall be conducted as expeditiously as possible and an endeavour shall be made to..........
Criminal Procedure Code, 1973, Section 482 -- Petition to quash FIR - Counter FIR lodged which is counter to complaint of dishonour of cheque, alleging misuse of cheque - Quashing of - Held, when a counter FIR in relation to alleged misuse of cheque(s) is filed after bouncing of the cheques and initiation of proceedings u/s 138 of the NI Act thereon by the person issuing..........
Negotiable Instruments Act, 1881, Section 138(c), 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Barred by limitation - Quashing of - Cheque in question was signed by petitioner on 10.03.2007 - Presented before Bank by respondent No.1 on 31.08.2007 for clearance - Cheque was returned on 15.09.2007 on the ground of insufficiency of fund..........
Negotiable Instruments Act, 1881, Section 138, 20, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter-complaint - Quashing of - Counter-complaint filed by accused alleging forgery on the ground that complainant himself filled up the amount and date in a blank cheque - Held, same does not amounts to forgery in view of the provision of S.20 of the NI..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Denial with regard to service of notice - Held, it can only be considered by leading evidence by both parties - At this stage meticulous analysis is not required and cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Contention that no notice was received by applicant and that applicant has already paid the amount in dispute - Even if allegation made in the complaint as well as the documentary evidence brought on record are taken at their face value and accepted in their..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dishonour of cheque - Demand notice returned unserved - Contention of respondent that even if demand notice was returned unserved then after receiving summons of complaint it was primary duty of accused to make payment of cheque - But instead of doing so,..........
Prevention of Corruption Act, 1988, Section 7, 13, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 142 -- Reduction in sentence - High Court, in exercise of its jurisdiction, u/s 482 Cr.P.C. and Supreme Court, under Article 142 of the Constitution, would not ordinarily direct quashing of a case involving crime against society particularly,..........
