Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where the allegations in the first information report or the complaint taken at its face value and accepted in their entirety do not constitute the offence alleged, High Court would be justified in invoking its powers u/s 482 of the Code to quash the criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Power of High Court to quash criminal proceedings - Private complaint u/s 379 IPC - Revision before Sessions Judge challenging order issuing process - Revision withdrawn - Petition in High Court for quashing the complaint and proceedings arising therefrom - High Court dismissed petition directing petitioner to go before the..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 166 -- Rash and negligent driving of scooter with two sitting on the pillion - Scooter struck against motorcyclist causing injury to the driver of the motor cycle - FIR lodged against the driver of the scooter u/ss 279 and 338 of the Code - Claim petition also filed by driver of the motorcycle -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Cheque issued for discharging liability - Cheque bounced due to insufficiency of funds - Accused absconding thereafter - Held, act of accused in issuing cheque without having sufficient funds and absconding thereafter by closing the business premises prima facie discloses fraudulent or..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Summoning order - Quashing of - Commercial transactions between parties - Certain purchases were made by petitioner and he made payment and only Rs.2,91,669/- remained unpaid - Held, this is a simple case of recovery of money - It cannot be inferred that intention of applicant was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - A dispute regarding rendition and settlement of accounts amongst partners of firm which has been dissolved - As per petitioner, bank cheques retained by complainant-respondent during tenure of business of partnership concern, a false..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376/328 IPC and Ss.3/33 SCST Act - Prosecutrix and accused were under 18 years of age at the time of commission of offence - Matter compromised between parties in presence of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused cheated Bank by obtaining loan against equitable mortgage of property under fake identity - Charge-sheet submitted against accused as well as against petitioner/employees of Bank, who were also charged for offences falling within Criminal trappings of Ss.468, 471, 420 IPC - Allegations against..........
Criminal Procedure Code, 1973, Section 320(5), 482, Indian Penal Code, 1860, Section 406 -- Appeal against conviction - Parties compromised during pendency of appeal - Quashing of proceedings - Held, once the accused had availed the statutory remedy of appeal for setting aside the judgment of conviction and order of sentence, then the petition u/s 482 of the Cr.P.C. for..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Admittedly, on the date of completion of offence u/s 138, petitioner was occupying the post of CEO of respondent No.2 - Held, it cannot be said that complaint qua petitioner is not maintainable - Petition dismissed...........
