Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Second revision - Application for additional evidence dismissed by trial Court - Revision filed before the Sessions Court dismissed - Dissatisfied by the orders of Courts below, petitioner filed petition u/s 482 Cr.P.C. - High Court u/s 482 Cr.P.C. can still consider the legality..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41(2), 42(1) -- Search, seizure and arrest - By Officer not empowered or authorised by notification - Collection of material, detention or arrest of a person or search of a building or conveyance are per se illegal - Trial itself is vitiated - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Concealment of facts - Petition for quashing the complaint - Further proceedings in the trial Court stayed - Concealment of facts that only judgment was to be pronounced by the trail Court - If full facts have been brought to the notice of Court earlier, the Court may not have used..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - A fact to be decided at the time of trial - Proceedings cannot be quashed at the initial stage...........
Criminal Procedure Code, 1973, Section 482, Reserve Bank of India Act, 1934, Section 45QA, 58E -- Exercise of inherent powers - Stay of criminal proceedings - Cognizance taken by Criminal Court u/s.420, 120B IPC as well as S.138 of NI Act - Held, no provision under Reserve Bank of India Act which prohibits any criminal proceeding to be continued - Power of Company Law..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Complaint - Quashing of - Whole attempt of complainant is evidently to rope in all members of family in instant criminal case without regard to their role or participation in alleged offences - A criminal complaint u/s.138 of NI Act is already pending against appellants - They would..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245, 482 -- Dishonour of cheque - Complaint - Not disclosing any offence - Accused can approach High Court for quashing of criminal proceedings at any stage when no offence is made out - High Court need not direct the parties to file proper application before Magistrate before discharge...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Validity - Allegations made in FIR did not disclose necessary ingredients of offence of cheating or criminal breach of trust - Circumstances indicated that FIR was lodged to pre-empt filing of criminal complaint against informant u/s 138 of NI Act - Held, quashing of FIR proper - Appeal dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque - Dishonoured - Company - Person in-charge of Company - Whether the person in question was really in-charge of the affairs of the company and was responsible to the affairs of the Company or not, and as to what functions he was assigned in the affairs of the Company and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint sought to be quashed on the ground that payment had already been made to drawee through Bank Drafts before the bouncing of cheques and drawee was called upon not to present the cheques - Held, these are questions of fact - Complaint on this ground cannot be quashed -..........
