Criminal Procedure Code, 1973, Section 200, 468, 473, 470, Indian Penal Code, 1860, Section 500, 501 -- Period of limitation - Quashing of complaint sought on the ground that same was lodged after period of limitation prescribed under law - Complainant sought exclusion of period for computing limitation during which he was bona fide prosecuting complaint before another..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of summoning order - Accused summoned after prima facie satisfaction, on basis of material on record, that case u/s 138 NI is made out - Held, findings of fact recorded by trial court on the basis of evidence on record cannot be quashed in exercise of inherent powers u/s 482 of Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 468 -- Cognizance of offence - Delay - Allegation of commission of offence u/s 500 and 504 IPC - Occurrence took place on 27.2.1997 - Cognizance taken on 8.8.2000 - Plea of accused that cognizance was taken beyond period of limitation - Held, plea not tenable - If a complaint or FIR is filed within time and thereafter cognizance order..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque was issued in the name of company but complaint has been filed by one of the Directors who has not been authorized for that purpose - Quashing of complaint sought - Held, company is de jure complainant - It must associate a human..........
Indian Penal Code, 1860, Section 302, 395, 295, Criminal Procedure Code, 1973, Section 173, 228 -- Anti Sikh riot case - Delay of 25 years in investigation and presentation of charge sheet - Quashing of the charge sheet sought on the ground that delay of 25 years was violative of Article 21 of the Constitution under which right to speedy trial is a fundamental right -..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent powers - Quashing of summoning order - Case registered after receipt of final report u/s 156(3) Cr.P.C. - Statements recorded u/ss 200 and 202 of CrPC - Magistrate finding prima face case, summoned accused to stand trial - Held, order of Magistrate does not warrant interference - Defence of accused not to..........
Indian Penal Code, 1860, Section 420, 494, 109, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Wife performed second marriage with co-accused during life time of her first husband without getting divorce - FIR lodged against wife and relatives of her second husband - Relatives seeking quashing of FIR - It cannot be presumed that relatives had by..........
Service -- Compulsory retirement - Petitioner sought quashing of order of compulsory retirement and not seeking quashing of adverse entries - Held, relief not specifically sought cannot be granted by the court - Therefore there is no occasion to probe whether adverse entries were made in mala fide manner...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint - Quashing of - Vaguely pleaded in complaint that all accused being directors are i, charge of company and they have been actively involved in business of company and are responsible to company for conduct of its..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order sought on the ground that cheque was given by way of security and not towards discharge of any debt or liability - There is specific allegation in the complaint that cheque was given in discharge of liability - Held, petitioners supposed to appear before the..........
