Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Compromise - Quashing of - Compromise between parties - Held, in view of statement made before Court as well as affidavit filed by complainant regarding compromise, there is no impediment to exercise inherent powers u/s.482 Cr.P.C for quashing..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of - Averment that petitioners/directors were i, charge of and responsible to company at the time of commission of offence, which is an absolute requisite has not been made - Held, proceedings..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 177, 178, 482 -- Dishonour of cheque - Lack of territorial jurisdiction - Cheque in question was drawn on a bank situated at R.N.Mukherjee Road, Kolkata and cheque was dishonoured by said bank - Demand notice was served upon complainant at his address at Kolkata - Held, Court at..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 120B -- Quashing of FIR - Offence u/s 13(1)(d) Prevention of Corruption Act read with S.120-B IPC - Allegation in FIR absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Petitioner/accused sought quashing of complaint on ground that respondent/complainant was acting mala fidely and this will be borne out by the fact that though he had received notice in September 2004, he had preferred a complaint to..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - As per petitioner, sample of Parle Bailey Aqua Packed Drinking Water, on account of which complaint was filed, was drawn on 26.12.2002 - Petitioner joined the concern on 24.11.2004 and resigned from service on 13.09.2007 - Contention that under..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of proceedings - Petitioner had resigned from directorship of company on 31.03.2002 and same has been duly intimated to Registrar of Companies - Cheques giving rise to complaints were of year 2004..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Agreement between complainant and accused took place at Jamshedpur - Agreement conferred jurisdiction on court at Jamshedpur in the event of legal dispute having arisen - Held, criminal case cannot be quashed on ground of want of jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - All submission made at the bar relates to disputed questions of fact, which cannot be adjudicated upon by this Court u/s 482 Cr.P.C. - Held, at this stage only a prima facie case is to be seen - Disputed defence of accused cannot be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 504 & 506 IPC and Ss.3, 4 Dowry Prohibition Act - Parties entered into compromise and all differences and disputes amicably settled - Proceedings quashed...........
