Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Material available on record make out a prima facie case against accused at this stage - There appear to be sufficient ground for proceeding against accused - Pure questions of fact arises in the application which may be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of facts and defence of accused cannot be taken into consideration at the pre-trial stage...........
Indian Penal Code, 1860, Section 376, 323, 328, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Applicants willing to compromise the matter - However, sexual offences constitute an altogether different class of crime which is result of a perverse mind - Allowing quashing of charge sheet, pursuant to a compromise will in such cases, only..........
Medical Termination of Pregnancy Act, 1971, Section 3, Criminal Procedure Code, 1973, Section 482 -- Termination of pregnancy - Teenager pregnancy - Rape victim - Victim is pregnant between 22-24 weeks - Medical Board recommended medical termination of pregnancy at this stage - Permission granted for termination of pregnancy - Directions issued...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Court does not find any material on record which can be stated to be of sterling and impeccable quality warranting invocation of jurisdiction of Court u/s 482 Cr.P.C at stage of summoning of accused - Moreover, defence as raised by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order rejecting permission to go abroad - Cheating - Petitioner is a green card holder and he came to India for managing his properties and he was involved in present litigation - Case is at the stage of presentation of supplementary challan and it will take some..........
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 -..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Kidnapping and rape - Parties settled their disputes and entered into compromise - However, offence u/s 376(2)(n) IPC is no, compoundable offence, as offence is not personal in nature and it would affect society - Having regard to nature of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court cannot hold a mini trial at the stage of considering a petition u/s 482 Cr.P.C to ascertain if allegations leveled against petitioner are true or motivated...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Allegations in FIR is matter of investigation - Finding in respect thereof cannot be recorded at this stage - FIR cannot be quashed...........
