Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings should not be quashed when parties are at variance over a question of fact as it would result in injustice to complainant - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - New plea raising a pure question of law can be raised at any stage and a plea relating to jurisdiction of Court can also be raised at any stage - Therefore same can be raised at the stage of entertaining application u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Victim has recorded a compromise within sixteen days of lodging of an FIR and she states that her allegations were in a fit of anger - Such change of versions ought not to be encouraged by Court - Quashing of FIR for allegations of rape on the basis of compromise rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque was issued by A-1 and A-2 - No specific allegation that same was issued with knowledge of petitioners - No case is thus, made out against petitioners on the basis of general, vague and omnibus allegation that cheque was issued fraudulently and dishonestly in order to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval - Source report of public with general allegations of illegal, improper exercise of powers in violation of prescribed procedure by taking bribes by accused was enquired into - Investigation carried out by respondent was not in relation to any specific decision or recommendation made by accused of the nature..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of proceedings - No allegations against accused that they are part of any conspiracy or acted in connivance with `N' for purchase of land which was duly recorded in her ownership at the time of registration of sale deed in their favour - Moreover, prior to registration of FIR, complainant had..........
Indian Penal Code, 1860, Section 420 -- Cheating - Quashing of FIR - FIR in question lodged by complainant subsequent to complaint u/s 138 of N.I Act filed against him - Complainant admitted that he issued cheque which is subject matter of complaint case filed by petitioner - Petitioner cannot be allowed to be prosecuted for bald allegations, burden to prove whereof is on..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - There was no proclamation for the date on which accused was declared proclaimed offender - 30 days period had not elapsed from the date of publication - There is thus clear violation of S.82 Cr.P.C - FIR u/s..........
Service -- Misconduct - Dismissal - Order of dismissal was passed by Commissioner - Commissioner was authorized to take action against any officer with regard to lapses and/or negligence on the part of officers in various works and purchases but not otherwise - Decision of Commissioner was placed before General Board and General Board ratified the decision of Commissioner..........
