Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by HUF - Cheque issued by Karta of HUF i.e. father in respect of bank account maintained by him in his own name - Petitioner/daughter who is also arrayed as co-accused sought quashing of complaint - Petitioner not shown to be a joint account holder along with her father to sow that cheque..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Petitioner involved in illegal activities of evasion of customs and central excise duties - Quashing of detention order - Order of detention was passed five years ago for a period of one year - Satisfactory explanation not given for not executing the..........
Criminal Procedure Code, 1973, Section 204, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Complaint case - Quashing of summoning order - Part of cause of action arose within the jurisdiction of Court - High Court at this stage cannot enquire as to whether the allegations made against the petitioners are true or false - Competent Court..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR lodged for offences u/ss 420 and 120-B of IPC - No element of cheating or entering into criminal conspiracy - If at all any offence is committed, it is the offence u/s 138 of Negotiable Instruments Act and not the..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482, 177 -- Offence u/ss 406, 420 r/w S.120-B IPC - Quashing - Appointment of appellant's company as C&F Agent of respondent's company - Agreement entered into at Patna - Letter of appointment delivered in Patna - Part of cause of action prima facie appearing to have arisen at Patna -..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Civil remedy already availed - Held, mere fact that a civil remedy has been availed in relation to the contract between parties would not by itself constitute a valid ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and charge sheet - Power u/s 482 Cr.P.C. is exercised to prevent abuse of the process of law and court - Such power can be exercised only when complaint or charge sheet does not disclose any offence or when said complaint is found to be frivolous, vexatious or oppressive...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A against husband - Quashing of complaint sought on the ground that marriage of parties is void as wife's previous marriage was subsisting at the time of her marriage with the petitioner - Petition for nullity of marriage pending in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque in question pertains to account maintained by petitioner in her bank - Cheque contains her signature - Said cheque when presented for encashment was returned unpaid with a dishonour note "funds insufficient" - Statutory notice was also given within time prescribed by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - As per averments in complaint, statutory notice and examination of complainant, cheque was issued by petitioners in discharge of alleged debt or liability - Complaint cannot be quashed...........
