Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 7 -- Sanction to prosecute - Refusal by the Joint Secretary to Govt. Punjab, Health Department - Review by the Additional Secretary to Government Punjab, Vigilance Department and accorded sanction for prosecutions of the accused nullifying the earlier order of the Joint..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Ss.33(1) and 33(1) - Specific allegations inter alia against the accused petitioner who is Director of the accused firm and person responsible for the conduct of business on whose neglect the aforesaid misbranded insecticide was manufactured - Cannot be said that the case of the accused petitioner is not..........
Criminal Procedure Code, 1973, Section 482 -- Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Criminal complaint - Quashing of proceedings - Plea of the petitioners accused that there is no legally enforceable debt as such to be discharged by the petitioners - Held that whether there is any legally enforceable debt as such which is required to be discharged..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Ss.3(k)(i), 13, 17, 18, 23, 29 and 33 - Quashing of complaint - Sample - Found misbranded - Filing of complaint and issue of summons against petitioner challenged on the ground that the sample were drawn from a sealed packet and the petitioner being dealer, could not possibly have known the contents in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing - Debt or liability - Complaint cannot be quashed on the ground that there is no debt or liability - At this stage Court cannot go into merits and/or come to a conclusion that there is no existing debt or liability...........
Criminal Procedure Code, 1973, Section 197, 482 -- Prevention of Corruption Act, 1988, Ss.19, 7 & 13(2) - Quashing of FIR - Sanction to prosecute - Once it is clear that sanction to prosecute the petitioner with reference to the FIR in question has been declined, the Court itself is not entitled to take cognizance of the offence - It would be a futile exercise to allow..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Notice - Sufficient of service of notice - Question is to be decided on basis of evidence led during trial and not at initial stage - Proceedings cannot be quashed on ground of insufficiency of service of notice, when question is yet to be decided..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Alteration in date of cheque to revalidate it - Whether it was with consent of drawer or not? - It is a question of fact which has to be established on evidence during trial - Not a ground for quashing the complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Territorial jurisdiction - Complaint filed in Court at Mumbai - Part of cause of action arose in Kerala State - Held, Kerala High Court has no jurisdiction to quash the proceedings pending in other State...........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 498A/406 - Quashing of FIR - Allegation of harassment and demand of dowry against accused petitioners husband, father-in-law, mother-in-law, sister-in-law, brother-in-law and a neighbour of complainant - Only vague and general allegations had been levelled against brother-in-law and sister-in-law..........
