Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing - Debt or liability - Complaint cannot be quashed on the ground that there is no debt or liability - At this stage Court cannot go into merits and/or come to a conclusion that there is no existing debt or liability...........
Telephone bill -- Excessive and exobitant - Telephone disconnection for non payment of bill - No action taken on letter written for disconnection of STD facility - When there was sudden spurt in the telephone meter no action taken by the petitioner department to check the same as per departmental instructions guidlines - Held that it has not been suggested that..........
Criminal Procedure Code, 1973, Section 197, 482 -- Prevention of Corruption Act, 1988, Ss.19, 7 & 13(2) - Quashing of FIR - Sanction to prosecute - Once it is clear that sanction to prosecute the petitioner with reference to the FIR in question has been declined, the Court itself is not entitled to take cognizance of the offence - It would be a futile exercise to allow..........
Contract -- Breach of contract - Civil remedy for breach of contract available - Not a ground for quashing criminal proceedings...........
Criminal Procedure Code, 1973, Section 195, 340, 482 -- Quashing of FIR - offence committed in course of proceedings of a civil suit - Bar of S.195 - Comes at the stage of taking cognizance - Police is not precluded from investigating the allegations made and collecting evidence or material in support thereof...........
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 467, 468, 420 -- Impersonation in Court - Decree for declaration to be owner in possession passed on that basis - FIR lodged by real owner - Sought to be quashed on the ground that complaint could be filed by the Court where the fraud was committed in view of bar of Ss.195, 340 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of juvenile court order - Petitioner is an accused for offence u/S.302 IPC - Plea of the petitioner that on the date of alleged occurrence on 23.04.1997 he was a juvenile - Entry in the birth register produced in evidence which came into existence much after the date of occurrence - Findings recorded by the courts..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Offence by company - Dishonour of cheque - Quashing of proceedings - Petition for - The accused petitioner resigned as Director of the first accused company of 04.10.1999 and he was no longer in the Board of the Company after that date either as Director or Chairman - Cheque which are dishonoured were issued on various..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Alteration in date of cheque to revalidate it - Whether it was with consent of drawer or not? - It is a question of fact which has to be established on evidence during trial - Not a ground for quashing the complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - If the dispute involved is of civil nature then the process of criminal law cannot be misused by giving it a cloak of criminal offence...........
