Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Necessary parties - Cheque issued by partnership firm - Firm not made an accused - Complaint filed only against partner - Held, quashing of complaint on that ground is improper...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Complaint - Quashing of - Whole attempt of complainant is evidently to rope in all members of family in instant criminal case without regard to their role or participation in alleged offences - A criminal complaint u/s.138 of NI Act is already pending against appellants - They would..........
Criminal proceedings -- Stay during pendency of civil proceedings - Held, mere pendency of civil proceedings before civil Court is not a ground for quashing of the criminal proceedings or not to frame a charge against an accused...........
Criminal Procedure Code, 1973, Section 227, 228 -- Charge - Quashing - High Court cannot appreciate and weigh materials produced by prosecution at the stage of framing of charge...........
Criminal Procedure Code, 1973, Section 227, 228 -- Charge - Quashing of - Exercise of power by High Court - Held, charge can be quashed if evidence which prosecutor proposes to adduce to prove guilt of accused, even if fully accepted before it is challenged by cross-examination or rebutted by defence evidence, if any, cannot show that accused committed particular offence -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245, 482 -- Dishonour of cheque - Complaint - Not disclosing any offence - Accused can approach High Court for quashing of criminal proceedings at any stage when no offence is made out - High Court need not direct the parties to file proper application before Magistrate before discharge...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Validity - Allegations made in FIR did not disclose necessary ingredients of offence of cheating or criminal breach of trust - Circumstances indicated that FIR was lodged to pre-empt filing of criminal complaint against informant u/s 138 of NI Act - Held, quashing of FIR proper - Appeal dismissed...........
Negotiable Instruments Act, 1881, Section 141, 138 -- Company - Managing Director - Absence of an averment in the complaint that the Managing Director is in-charge and responsible to the Company - Accused described as Managing Director of the Company and the agreement, which is the basis for the liability for payment of money on the part of the accused, describes him as..........
Land Acquisition Act, 1894, Section 6, 4(1), 5A -- Quashing of notification u/s 6 of the Land Acquisition Act in the cases of individual writ petitioners - Cannot be treated as quashing the whole of it - In respect of those who did not object to the S.4(1) notification by filing objections under S.5A, the said notification must be treated as being in force...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of complaint - Plea of petitioner that his signature on the cheque obtained by coercion - Further the petitioner issued notice to respondent to return the cheque for various reasons mentioned in the notice - Said questions have to be gone into during trial, depending upon proof -..........
