Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - Quashing of said order - Petitioner contended that the company has not been joined as party in the complaint - Plea not accepted as perusal of complaint shows that name of company is shown as accused no.1 - Moreover, it is director and the authorised..........
Service -- Disciplinary enquiry - Charge sheet - Acts of indiscipline and insubordination - Allegation against respondent is that he committed acts of indiscipline and insubordination by not following instructions issued by his superior officers regarding disbanding of Gunda Squad - Charge sheet together with statement of imputations contained a detailed elaboration of..........
Indian Penal Code, 1860, Section 366, 376D, 323, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Kidnapping and Rape - Prima facie facts of case disclose that accused firstly kidnapped the victim and thereafter under coercion and threat shown marriage with her and also obtained protection by filing Writ petition - This is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil transactions may have a criminal texture - However, when civil dispute is given colour of criminal offence then proceedings have to be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil dispute - Only because a civil remedy is available may not be a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Whether a complaint discloses criminal offence or not depends on nature of allegations and whether essential ingredients of a criminal offence are present or not has to be judged by High Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 3, 6, 5, 17, 16 -- Quashing of FIR - Kidnapping and rape of 17 years old girl - Settlement between parties - Accused and victim got married - Compromise and settlement entered between parties and marriage subsequently..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138, 82, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Material alteration - Quashing of complaint - Factum of who carried out material alteration is disputed - Disputed question of fact cannot be gone into by High Court while exercising its powers u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court not to enter into appreciation of evidence and consider whether on basis of evidence, accused is likely to be convicted or not...........
