Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint - Time-barred complaint - Magistrate taking cognizance of complaint beyond time for one of the cheques - Cognizance not legal as per S.142(b) of the Act - Complaint quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - High Court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases and should not stall the investigation and/or prosecution except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of any offence or that..........
Criminal Procedure Code, 1973, Section 482, 320(9) -- Inherent powers of Court - Exercise of - Held, inherent powers of High Court u/s 482 Cr.P.C. should not be exercised against the express bar of law engrafted in any provision of the Code of Criminal Procedure - Exercise of powers by High Court for quashing the criminal proceedings for the reason that parties have..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Suicide - Abetment - Quashing of proceedings - Deceased demanded registration of plots but appellants abused in filthy language and accused neither registered the plots nor returned the amount - Due to the mental harassment and unable to bear the pressure from the purchasers of the plots,..........
Criminal Procedure Code, 1973, Section 482, Dowry Prohibition Act, 1961, Section 3, 4, Indian Penal Code, 1860, Section 498A -- Allegation of cruelty - Quashing of complaint - Records clearly indicate that there are no specific allegations against petitioners in respect of ill treatment either mental or physical torture meted out to respondent No.2 - Material on record..........
State Financial Corporations Act, 1951, Section 32G -- Notice for recovery of amount due as arrears of land revenue - Quashing of notice - Barred by limitation - There is no reference either in S.32G of the Act or any other section to the provisions of Limitation Act, which implies the intention of the Legislature to exclude the application of Limitation Act - Quashing of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Existence of debt or any other liability, loss of cheque and complaint to the bank and police station and denying the liability of the cheque amount - All these issues can only be decided after parties adduce evidence - No case made..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Complaint against company and its Directors - Plea of petitioners that they were not Directors at the time when cheque was issued - Form No.32 under the Companies Act, 1956 placed on record but there is nothing to show as to when the same was received by the Registrar of..........
Contempt of Courts Act, 1971, Section 12 -- Civil & Criminal Contempt - Breach of undertaking - Interference in the administration of justice and lowering dignity of Court - Matrimonial dispute - FIR u/s 406, 420, 498-A, 376, 120B IPC lodged by wife against her husband and in laws - Compromise between parties - Petition u/s 13B of Hindu Marriage Act - Statements recorded..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compounding of offence - Complainant received the amount involved in the cheque - Complaint having no objection for quashing the proceedings - Proceedings quashed...........
