Indian Penal Code, 1860, Section 420, 34 -- Cheating - Property dispute - Complainant clearly and categorically stated in the complaint that accused had a dishonest intention from day one and never intended to sell suit property in spite of payment of Rs.51 lacs by complainant - Necessary averments in terms of offence punishable u/s 420 IPC are available on record -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and order declaring accused as proclaimed offender - Petition u/s 482 Cr.P.C. by an accused who is declared proclaimed offender is not maintainable - Accused should first move the Court who had declared him a proclaimed offender and even..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Admittedly, present petitioner neither signed cheque in question nor signed nor witnessed Distributorship Agreement - Even it has not been averred that petitioner was even present at time of signing..........
Criminal Procedure Code, 1973, Section 482, 439, Constitution of India, 1950, Article 21, 226 -- Quashing of FIR and grant of interim bail - High Court should not foreclose itself from exercise of power when citizen has been arbitrarily deprived of their personal liberty in excess of State power...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court cannot go into disputed questions of fact in a petition for quashing FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Mere delay in lodging complaint, cannot by itself be a ground to quash FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While examining a complaint, quashing of which is sought, Court cannot embark upon an enquiry as to reliability or genuineness or otherwise of allegations made in FIR or in complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Courts would not thwart any investigation - It is only in cases where no cognizable offence of any kind is disclosed in the FIR that Court will not permit an investigation to go on...........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Quashing of FIR - Main petition u/s 138 of Negotiable Instruments Act withdrawn in view of amicable settlement between parties - Continuation of proceedings u/s 174-A IPC would be an abuse of process of Court - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance and issuing summons - Quashing of order - Offence by company - Cheques were issued in favour of complainant whose payment were stopped - Admittedly, notices were sent which were deemed to have been served and amount involved in..........
