Indian Penal Code, 1860, Section 336, 308, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- FIR u/ss 336, 504 and 506 IPC - Magistrate on the basis of evidence collected by IO framed the charge u/ss 336, 308, 504, 506 & 34 IPC - X-ray report indicates there is depressed fracture of frontal bone of skull - According to supplementary medical examination report..........
Prevention of Corruption Act, 1988, Section 13(2) r, w, 13(1)(d), Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471A -- Offence of forgery and cheating by company by taking loan on forging documents as to its financial status - Compromise between parties - Criminal proceedings quashed though offence except..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of complaint - Service of notice by registered post - Once notice is dispatched, complainant`s part is over, complying with conditions mentioned u/s.138(b) of the Act - Complaint cannot be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Delay of six years in filing charge sheet - Held, that no general proposition of law can be laid down that whenever there is delay on the part of investigating agency in completing the investigation, such a delay can be ground for quashing the FIR - Court is to see if accused has been deprived of fair trial on..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- FIR lodged u/s 3(1)(x) of SCST Act - Quashing - Charge sheet filed and charge framed - Held, that at this sage Court is to see if a criminal offence prima facie is made out from the allegations made in FIR - Correctness of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Resigned before cheques were issued - However, From No.32 was filed with the Registrar of Companies much after the cheques were issued - Held, the effect of delayed presentation before the Registrar of companies can only be decided after parties lead evidence - Order quashing..........
Criminal Procedure Code, 1973, Section 482 -- Compromise - Quashing of proceedings - Parties entered into compromise and in pursuance of that compromise, accused made part payment and gave assurance to make remaining payment after withdrawal of complaint by deponent - Complainant/deponent dose not want to prosecute complaint - Held, since complainant himself does not want..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 1910, Section 26(6) -- Electricity supply - Electricity theft - Meter was never referred to Electricity Inspector which is legal requirement in case of any dispute about the meter - Having failed to comply with the provisions of Section 26(6) of the 1910 Act allegation remain unsubstantiated/unproved by any..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complaint on similar allegations dismissed in default - FIR as well as further proceedings are nothing but misuse of the process of the Court - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Hire purchase agreement between parties - Presumption u/s 139 - Rebuttal of - Quashing of proceedings - In complaint it is clearly mentioned that even after seizing the vehicle and selling the same and after realizing the amount from sale proceeds, there..........
