Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Petitioner's main contentions is that there is no legal and subsisting liability - Furthermore, complaint has been filed in the year 2006 and petitioner has come forward with quash petition on 18.05.2010 - Held, petitioner is trying to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471 -- Quashing of charge sheet - Offence u/ss 406, 420, 467, 468 & 471 IPC - Agreement to sell - Huge amount of earnest money paid - Sale deed not executed despite receipt of notice - Land for which agreement to sell was made sold to some other persons - Prima facie cognizable..........
Criminal Procedure Code, 1973, Section 482, 472, Andhra Pradesh (Agriculture Produce and Live Stock) Markets Act, 1966, Section 23(1), 7 -- Complaint filed against petitioner for offence indictable u/s 23 of the Act of 1966 on the allegations that petitioner, wholesale dealer in notified agricultural produce failed to pay license fee as required u/s 7 of Act of 1966..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 420, Negotiable Instruments Act, 1881, Section 138 -- Prosecution allegation that petitioner in connivance with co-accused prepared fake cheque with an intention to cheat complainant - FIR lodged u/ss 379, 420 IPC - Complainant member of Co-operative Society and was issued a cheque book which..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Sought on ground that it was admittedly barred by time and delay was condoned without issuing notice to accused/petitioner - Held, impugned order liable to be set aside - Magistrate shall give an opportunity to accused/petitioner before..........
Negotiable Instruments Act, 1881, Section 138(c), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, a pre mature complaint after service of notice within fifteen days, if filed, is maintainable, but summoning order can be issued and cognizance can be taken after a period of expiry of fifteen days of service of notice -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Prosecution of partner - Quashing of - No notice was given to him - Held, petitioner cannot be prosecuted for the offence u/s 138 of NI Act when no statutory notice was issued to him - Offence u/s 138 of NI Act would be committed only..........
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..........
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..........
