Criminal Procedure Code, 1973, Section 110, 111, 482 -- Maintaining peace and good conduct - Issuance of notice - Quashing of - Absence of substance of information received by Magistrate - Effect - Applicant has challenged validity of impugned notice on the ground that it does not fulfill requirements of mandatory provision of S.111 Cr.P.C. and therefore, notice in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of proceedings - Contention of applicant/accused that she never met complainant and her name is not Manjeet Kaur but Harjeet Kaur Bawa and further that she was not served with notice of demand calling upon her to pay amount due in respect..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Ground of delay - Proper charge sheet was filed after more than 20 years from commission of offence - During this period, prosecution was responsible for seeking adjournments from Court for filing of charge-sheet - Accused has already been exonerated in relation to major charges by Addl...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Grievance about handwriting of cheque - No grievance in respect of signature on the cheque - No suggestion regarding said grievance preferred by accused at belated stage after recording statement of accused - Trial Court dismissed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 504, 506 -- Summoning order - Quashing of - Entire facts indicate that complainant had enough reason to implicate applicants in false and fabricated case - Entire story has been cooked up by complainant - Ex parte statement made on oath in Court of a Magistrate - Held, on the basis of such..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Private complaint alleging offence u/ss 323 and 406 of IPC - Petitioners were senior Divisional Manager and Branch Manager of LIC of India - Wife of opposite party No.2 took policy for Rs.60,000/- Death of wife within one year - She was a house-wife and had no individual income - Under the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Quashing of proceedings - Petitioner's contention that he did not revalidate any cheque and had no legal liability to pay - Held, it is a question of fact which needs to be proved and determined at trial by way of evidence - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Even after charge sheet is filed Court can still examine whether the offence alleged to have been committed is made out from the FIR, charge sheet, documents etc. or not...........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, Electricity Act, 2003, Section 9,64 -- Writ petition for quashing action taken by Punjab State Electricity Board for recovery of electricity dues payable to Board for recovery as arrears of land revenue - Initial order declaring petitioner Company as sick was later modified by AIFR with recommendation..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offences u/ss 506(2), 504 and 294 IPC - Due to the incident in question there was strike and Courts were closed for four days and thereafter due to intervention of Senior members of bar settlement has taken place - Parties have settled the dispute amicably - Held, continuance of criminal proceedings against..........
