Criminal Procedure Code, 1973, Section 482 -- Inherent Powers - Alternate remedy - Petition for quashing complaint and summoning order - Alternative efficacious remedy is available to the petitioners before the Judicial Magistrate - High reluctant to exercise its inherent powers under Section 482 of the Code...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought that cheque was got issued when petitioner was taken in police custody - This plea not taken by the petitioner in reply to the legal notice - Held, no case is made out of quashing of complaint...........
Prevention of Corruption Act, 1947, Section 6 -- Sanction for prosecution - Order quashing sanction on ground that accused was exonerated of charge by disciplinary authority - Not proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Contention that neither notice nor complaint within time - Held, at this stage it cannot be said that the complaint is either not maintainable or time barred - These are questions of fact...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 506, 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complainant alleging that on demand accused threatened the complainant with dire consequences - Charge framed against accused - Petition for quashing proceedings on the ground that allegations were vague - At this..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint sought on the plea that notice is beyond 15 days - Accused to raise this plea before trial Magistrate by filing a separate application and the matter to be decided by a separate order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought that full details as to dishonour of cheque not given in notice - Held, technicalities should not come in the way of justice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' but sufficient funds in account - Cheque returned by bank on ground of `Refer to drawer' - No case made out for quashing complaint - Trial Court to decide real cause for non- payment of cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Accused raising plea that process against him should not have been issued - Held, the Magistrate may reconsider the issue & to decide accordingly...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Fact that the process has already been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused...........
