Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of Company, Chairman and Vice-President - Petition by Vice-President for quashing of proceedings - Specific plea in complaint that Vice-President negotiated with the complainant in respect of the transaction and held out assurances that liability would be cleared - It will be..........
Civil suit and criminal complaint -- Quashing of complaint - Court may take into consideration not only the admitted facts but it is also permissible to look into the pleadings of the plaintiff in the suit...........
Civil suit and criminal complaint -- Quashing of complaint - Court at this stage cannot consider the defence of accused but Court can look to the admitted documents - Criminal proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the Court - Superior Courts while exercising this power should also strive to serve the..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Post- dated cheque issued not for any existing due but as a security for debt which may become payable in future upon some contingency, would not attract S.138 of the Act - Complaint quashed...........
Criminal Procedure Code, 1973, Section 482, Jharkhand Agricultural Produce Markets Act, 2000, Section 56 - - Criminal Proceedings - Quashing of - Cognizance of offence u/s 56 of Market Act taken on basis of complaint lodged by Secretary, Market Committee without any prior resolution passed by Market Committee to launch such prosecution as required u/s 18 - Held, decision..........
Indian Penal Code, 1860, Section 498A, 304B, 482 -- Quashing - No cognizable offence made out from the FIR - Daughter of complainant was suffering from T.B. - Treated for T.B. at her father's house - She expired - No allegation that there was any demand of dowry - S.304-B, 498-A IPC not attracted - FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- FIR lodged for offence committed under SCST Act - Quashing of FIR - FIR should not only disclose the caste of the complainant but it must also disclose the caste of the accused - Caste of accused not disclosed - FIR quashed...........
Consumer Protection Act,1986, Section 14 -- Jurisdiction - Housing - Non construction fee - Quashing of - The Consumer Fora has no jurisdiction to quash demand pertaining to non construction fee...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - The court cannot enter into determination of a disputed question of fact at that stage - However, it may take note of the allegations made in the complaint petition vis-a-vis the conduct of the parties...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - The court cannot enter into determination of a disputed question of fact at that stage - However, it may take note of the allegations made in the complaint petition vis-a-vis the conduct of the parties...........
