Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing - Contention of petitioner that payments were made towards the amount payable under cheques - Held, it would be for the trial Court to decide the question of payment at appropriate stage in accordance with law - Proceedings pending in..........
Essential Commodities Act, 1955, Section 7(1)(a)(ii), 10(1), Criminal Procedure Code, 1973, Section 319, 482 -- Fertilizer Control Order, 1985, Clause 19(1)(a) - Quashing of complaint - Petition for - Prosecution not launched against the company - No complaint competent against an employee of the company without arraigning the company as accused - Power vesting in the..........
Criminal Procedure Code, 1973, Section 482, Insecticides Act, 1968, Section 29, 3K(1), 17, 18, 33, 30(3) -- Quashing of complaint - Petition for - The insecticide was acquired from a licensed manufacturer in sealed containers by petitioners being licensed dealers - While in possession of the petitioners it was properly stored and remained in the same condition when it was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397 -- Dishonour of cheque - Question raised is whether notice of demand for payment issued by payee, is time barred or not - Held, it is a question of fact which has to be decided by trial Magistrate - Bar against revision under Section 397 cannot be defeated by invoking inherent..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120B, 409, Companies Act, 1956, Section 77 -- Complaint that respondents entered into a conspiracy to commit criminal breach in relation to funds of company - Allegations in complaint do not constitute an offence under S.120-B and 409 IPC - It would be unjust to allow proceedings in criminal..........
Criminal Procedure Code, 1973, Section 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - Drugs and Cosmetics Act, 1940 - FIR - Petition for quashing - None of drugs seized falls within the mischief of "Narcotic Drugs" and "Psychotropic Substance" as defined in the Act - But they are "Drugs" or "medicines" as defined in the Drugs and Cosmetics Act -..........
Criminal Procedure Code, 1973, Section 468, 482 -- Petition for quashing - Limitation - FIR registered under section 7 read with section 10 of the Haryana Regulation of Urban Area Act on 29.12.1995 - Alleged sales on the ground of which FIR registered are between 11.06.1992 to 30.06.1992 - Held that the FIR registered on 27.12.1995 is beyond three years and in these..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Complaint under Sections 29(1)(a)/17(1)(a) of the Insecticide Act, 1968 - Sample taken in sealed packing from the original pack - No allegation in the complaint that the dealer could know if they had exercised little care or diligence that the insecticide was misbranded - No allegation in the complaint..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of complaint - Of offence under Section 409 - During investigation complainants filing affidavit before police that they have received money and compromised the matter - Held that the police in cognizable no, compoundable offence are duty bound to conduct the investigation according to law and file the..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing complaint under the Drugs and Cosmetics Act, 1940 - The complaint discloses a triable offence against the petitioners - The questions of fact cannot be agitated in the proceedings under Section 482, Cr.P.C. - In the case in hand it is yet to be decided as to who are the actual persons responsible for the..........
