Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Trial Court after considering the matter and evidence on record passed a detailed and speaking order recording its satisfaction that a prima facie case is made out and summoned applicant to face trial - Question of theft of cheque..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of facts of the case cannot be adjudged and adjudicated at this stage while exercising powers u/s 482 Cr.P.C. and only prima facie prosecution case has to be looked into as it is...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Quashing of FIR - Compromise - Offence u/s 323 IPC and S.75 of JJ Act - Offence u/s 75 of JJ Act is not compoundable u/s 320 Cr.P.C - However, in the facts and circumstances peculiar to the case, prosecution qua..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354, 354A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Compromise - Dowry demand - Compromise arrived at between parties and parties amicably resolved their dispute - Offences in question are of predominantly private in nature and no moral turpitude or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Remand of matter to trial Court permitting plaintiff to amend plaint - No application filed by plaintiff for amendment of plaint - In the absence of any such application, High Court committed error by permitting plaintiff to amend plaint that too in a second appeal - Even otherwise, no reasons are assigned as to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings, post conviction, during pendency of appeal - Compromise - Proceedings emanating from matrimonial dispute - No embargo in exercising power u/s 482 Cr.P.C. to quash proceedings - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 384, 420, 195, 506, 211, 120B -- Offence u/ss 384, 420, 195, 506, 211, 120-B IPC - Petition u/art 226 of Constitution for quashing of FIR - Maintainability - Prima facie case is made out against accused, which requires a detailed investigation to be carried out by authorities - Case does not fall under category of rarest of rare cases -..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Quashing of summoning order - Accused summoned on the basis of affidavit of power of attorney holder - Power of attorney not witnessed transaction or possess due knowledge regarding said transaction - Power of attorney could not depose and verify on oath - Order taking cognizance set aside - Matter..........
Criminal Procedure Code, 1973, Section 482, Prohibition of Child Marriage Act, 2006, Section 11, Indian Penal Code, 1860, Section 120B -- Quashing of FIR - Compromise - Offence u/s 11 of Prohibition of Child Marriage Act and S.120-B IPC - Compromise effected between parties is voluntary, genuine and without any pressure or coercion - Criminal cases arising out of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court has the power to quash proceedings even in those offences which are not compoundable, where parties have settled the matter between themselves - But the power has to be exercised fairly with caution...........
