Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioner Managing Director of accused company and he signed all the cheques which on presentation were dishonored - He is responsible for conduct of business of company - Merely because trial Court allowed some authorized person to appear on behalf of company does not mean..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Non-mentioning the date of receipt of notice or service of notice by complainant is a disputed question of fact which shall be considered by trial Court - Application for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice sent by registered post - To rebut presumption about service of notice or that address was incorrect or filing of complaint prior to expiry of notice period would be considered by trial Court at appropriate stage -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Endorsement of `insufficient funds' - Itself shows that bank was prevented to honour cheque whether it was with respect to debt or liability for discharge and said question will only be examined by trial Court - Application for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Insufficient funds - Bank while returning cheque endorsed `insufficient fund' - On this count alone it can be said that accused issued cheque knowingly to defeat claim of complainant when accused`s account was insufficient to honour..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of three cartridges - No fire arm or weapon recovered from petitioner nor had she extended any threat to any person of police official - Petitioner was not aware of being in alleged conscious and knowledgeable possession of cartridges in her baggage, especially when her..........
Indian Penal Code, 1860, Section 323, 342, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 323, 342, 147 IPC and S.3(1)(s) of SC/ST Act - Dispute arose between parties due to some misunderstanding which is now settled amicably and same has been..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Civil suit pending for the same issue - Complainant cannot pursue criminal proceedings - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 418, 419, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Dispute in question is of civil nature - Civil suit is pending consideration - When very same issue is seized up before civil Court, complainant cannot pursue criminal proceedings against accused for alleged offence - More so,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - When allegations against accused in final report filed by police contain ingredients of offences alleged against him and when prosecution has produced materials to prove such allegations, final report cannot be quashed by invoking power of High Court u/s 482 Cr.P.C...........
