Indian Penal Code, 1860, Section 494, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 494, 406 IPC - Quashing of charge sheet - Essential ceremonies of marriage whether gone into or not is a matter of trial...........
Indian Penal Code, 1860, Section 494, 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - From the allegations made in FIR an offence u/ss 494, 406 IPC made out - At this stage allegations made in FIR have to be accepted as true - Truthfulness or otherwise of the allegations not to be gone into at this stage - Essential ceremonies of marriage..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Allegations made in FIR and materials collected during course of investigation are required to be considered...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 406 -- Quashing of charge sheet - High Court cannot quash charge sheet prior to exercise of discretion by Magistrate u/s 190 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque number wrongly mentioned in notice - Quashing of complaint sought - Held, there is nothing in S.138 of the Act to show that number of dishonoured cheque also should be mentioned either in statutory notice or in complaint - Hence wrong mention of cheque number in notice, or in complaint - Hence,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - All pleas raised deals with factual aspects which have to be decided at an appropriate stage - Held, criminal proceeding cannot be quashed - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused ready to pay Rs.1, 50, 000/- to buy peace - Complainant not accepting this amount - Complaint quashed on deposit of the said amount as continuation of proceedings will only overburden the Courts with meaningless litigation and quashing of the complaint will not only..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Panchayat President - Quashing of complaint sought by President and Vice President of Panchayat - Held, Panchayat Board is a local authority and not a `company' - Not amenable to prosecution for offence u/s 138 of the Act - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Compromise - Quashing of - Compromise between parties - Held, in view of statement made before Court as well as affidavit filed by complainant regarding compromise, there is no impediment to exercise inherent powers u/s.482 Cr.P.C for quashing..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of - Averment that petitioners/directors were i, charge of and responsible to company at the time of commission of offence, which is an absolute requisite has not been made - Held, proceedings..........
