Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Law as to - Reiterated...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing - Cheque dishonoured on ground that it did not bear account number - Held, no ground to attract provision of S.138 of Negotiable Instruments Act, 1881 - Criminal proceedings liable to be quashed - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138(c), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, a pre mature complaint after service of notice within fifteen days, if filed, is maintainable, but summoning order can be issued and cognizance can be taken after a period of expiry of fifteen days of service of notice -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, High Court can exercise inherent power u/s 482 Cr.P.C. in order to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dispute of civil nature - A matter which essentially involves dispute of a civil nature should not be allowed to be the subject matter of criminal offence, the latter being not a shortcut of executing a decree which is non existent...........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal conspiracy - Quashing of charge sheet - When there is larger part of conspiracy or larger offence or offence is in larger perspective, then investigation can go on and the Court will not interfere in the matter...........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal conspiracy - Quashing of charge sheet - Court can refuse to interfere when there exists some link or factor connecting the charge of criminal conspiracy...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or charge sheet - High Court while exercising jurisdiction u/s 482 Cr.P.C. is not called upon to embark upon the enquiry whether the allegations in the FIR and the charge sheet are reliable or not and thereupon to render definite finding about truthfulness or veracity of the allegations - These matters can be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant also filed civil suit for recovery of cheque amount - Quashing of criminal complaint sought - Held, pendency of civil suit is no ground to quash criminal proceedings - Both civil and criminal proceedings in respect of same transaction are maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque presented before bank two times within a period of six months - Quashing of complaint sought u/s 482 of Criminal Procedure Code - Held, whether complaint could be filed within a period of one month after the date of cause of action is a mixed question..........
