Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - When cheque and signature are not disputed by accused, the balance of convenience at this stage is in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factual defence without having to adduce any evidence need to be of an unimpeachable quality, so as to altogether disprove the allegations made in the complaint...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of the Act of 1986 - Quashing of proceedings - Main accused was a gang leader and who was mastermind and he hatched criminal conspiracy along with co-accused including present accused to commit murder of deceased for a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 120B -- Quashing of proceedings - Offence u/ss 408, 120-B IPC - Arrest of accused from place `P' stands duly established on basis of general diaries recorded at place `P' as also at place `L' - Even, stand of petitioners that they had accompanied the police at place `L' to effect arrest of..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of proceedings - Dishonour of cheque - Since cheque was given, to be present upon a contingent event accruing or a contingent condition being fulfilled until condition was fulfilled by complainant and if cheque had been presented before the said date, then it could be..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 177, 420, Passport (Entry into India) Act, 1920, Section 2 -- Quashing of FIR - Compromise - Since offence u/s 177 IPC does not prima facie appear to be so grave and nor is so heinous so as to attract the rigour of embargo foisted upon the High Court in Gian Singh`s case - Therefore, settlement as..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - In a proceeding u/s 482 Cr.P.C, Court would not be in a position to conduct a roving enquiry into facts of the case...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Prima facie when an accusation has been made, Court would not embark upon appreciation of material in a petition u/s 482 Cr.P.C for quashing of proceedings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - All issues involves disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of a litigation u/s 138 of the..........
