Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Petitioner's main contentions is that there is no legal and subsisting liability - Furthermore, complaint has been filed in the year 2006 and petitioner has come forward with quash petition on 18.05.2010 - Held, petitioner is trying to..........
Negotiable Instruments Act, 1881, Section 138, 141(1) -- Dishonour of cheque - Company - Complaint against company and its directors for dishonour of cheque - Director sought quashing of summoning order on the ground that complainant has not stated in the complaint as to how the petitioner/director has been made an accused or was in charge of the business of the company at..........
Punjab Apartment and Property Regulations, 1995, Section 3, 6, 9, 15, 36, Criminal Procedure Code, 1973, Section 468, 482 -- Quashing of FIR - FIR registered against petitioner for carving out plots in violation of provisions of Act of 1995 - Sale deeds executed between 23.11.1999 and 27.04.2000 - FIR lodged on 11.12.2004 after expiry of limitation of three years - FIR..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Jurisdiction of High Court - Held, proceedings to be quashed - (i) where there is a legal bar against the institution or continuation of proceedings; (ii) Where allegations in FIR or complaint even accepted on their face value, do not constitute the alleged offence; (iii) Where the allegations..........
Prevention of Corruption Act, 1988, Section 13(1)(e), (13)(2), Prevention of Corruption Act, 1947, Section 5(1)(d) -- Accused accepting bribe of Rs 2000/- from complainant, out of which he gave Rs.200/- to co-accused - Tainted money recovered from accused and co-accused - Co-accused sought quashing of complaint on ground that there was no demand of bribe - Held, co-accused..........
Prevention of Corruption Act, 1988, Section 13(1)(e), (13)(2), Prevention of Corruption Act, 1947, Section 5(1)(d) -- Accused accepting bribe of Rs.2000/- from complainant, out of which he gave Rs.200/- to co-accused - Tainted money recovered from accused and co-accused - Co-accused sought quashing of complaint on ground that there was no demand of bribe - Held, co-accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471 -- Quashing of charge sheet - Offence u/ss 406, 420, 467, 468 & 471 IPC - Agreement to sell - Huge amount of earnest money paid - Sale deed not executed despite receipt of notice - Land for which agreement to sell was made sold to some other persons - Prima facie cognizable..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of proceedings - Marriage between parties dissolved - Permanent alimony already granted to wife i.e. Rs.2 lacs by this court - Held, there is no ground to direct petitioner to pay maintenance u/s 125 Cr.P.C. separately inasmuch as entire issue has now been settled and alimony too has been granted to..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cognizance taken on the basis of affidavits - Plea that order taking cognizance on the basis of affidavits alone is improper and illegal and that it is mandatory to record statement of complainant as well as witnesses before taking cognizance - Held,..........
