Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Case registered for offence of cheating - Intention whether honest or dishonest to be gauged from facts proved during trial or from material collected by investigating agency - Investigating officer yet to collect material to find whether matter is of civil nature..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Complaint - Quashing of - There is an agreement between some of accused persons and de-facto complainant, which, on face of it, informs that accused persons shall not put to use cheques held by them - According to complaint, other accused persons have sought..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(x), Criminal Procedure Code, 1973, Section 482 -- Utterance of offending words to a member of scheduled caste - FIR lodged against accused - Petition for quashing FIR - Held, it was nowhere mentioned in..........
Criminal Procedure Code, 1973, Section 200 -- Police submitted charge sheet in a non cognizable offence - Charge sheet has to be treated as complaint - Magistrate need not to examine complainant and his witnesses when a complaint is made in writing by a public servant - Petition for quashing charge sheet dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Revision filed dismissed by Sessions Court - Maintainability of petition u/s 482 of the Code in High Court - Held, to prevent miscarriage of justice and to secure ends of justice, High Court can entertain application filed u/s 482 Cr.P.C. in exercise of power of superintendence - However such power is to be..........
Criminal Procedure Code, 1973, Section 311, 482 -- Quashing of orders - Granting permission to make pairavi and to lead evidence of additional witness - Informant of the case died - Police report after investigation disclosing non cognizable offence - Report to be treated as complaint - Grant of permission to uncle of informant to make pairavi - Not proper - Since police..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - FIR lodged u/ss 420, 406, 506 of IPC on the allegation that accused fail to execute sale deed in terms of sale agreement - Transaction between parties purely of civil nature - FIR is only an attempt to exercise pressure on accused to perform his civil obligation - Appropriate remedy for..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Issue of process - Quashing of - Except for mentioning that notice had been sent on 1st March, 2005, and that same had been received by appellant, no date has been mentioned as to when same was received by appellant - Held, period for computing cause of action and limitation prescribed u/s.142..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of complaint - Allegations made in complaint, if taken on their face value and as true in their entirety, prima facie constitute commission of an offence u/s 138 of the Act - Accused taking plea that cheque in question is a forged document and was never issued by him - Held, plea of defense of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Except in respect of proceeding u/s 31(1) or u/s 33 or u/s 19(3), it is not for the High Court to exercise the extraordinary inherent jurisdiction to quash proceedings pending before the Magistrate under the provisions of Protection of..........
