Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Part payment made or that the cheque is for discharge of liability or debt - These are questions of fact which trial Court has to decide after recording evidence - No ground to quash the complaint under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 13(1)(2)(c) - Quashing of FIR - Entire stress of respondent No.2 in her allegations was that her right in the property No.2616 consisting of three shops had been illegally sold at her back by lady Dr.Astar Dass in connivance with the petitioner No.1, who had purchased this property in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Summoning order - Petition u/s 482 Cr.P.C. - Held, when facts are in dispute, in that event High Court will not exercise its inherent powers and indulge in the minute scrutiny of facts - It could be so done only on admitted facts - Petitioner may approach the Magistrate that..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 24 - Sample - Once the accused is deprived of his right of getting the sample analyzed in accordance with the provisions of the Act, such default shall prove fatal to the case of the complainant...........
Criminal Procedure Code, 1973, Section 482 -- Prevention or Food Adulteration Act, 1954 - Quashing of complaint - Sought on the sole ground that Food Inspector was not competent to file the complaint - Director, Health and Family Welfare himself had applied his mind and given the consent - He had not delegated the powers to any Food Inspector - Consent given held to be..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968 - Sections 3(k)(1), 17, 18, 29 and 33 - Offence by companies - Complaint - Sanction to prosecute - Petition for quashing - Merely granting a sanction to prosecute the Company does not imply that it is a sanction to prosecute all partners in case of a partnership firm or any of the employees...........
Criminal Procedure Code, 1973, Section 482 -- Complaint under Forests Act - Defence offered is that the area was covered by notification of 10.11.1980 under Punjab Land Preservation Act - This is a question in dispute and basically one of fact - This can only be looked into by the trial Court - High Court would only exercise its inherent powers if on face of the material..........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 7 - FIR - Petition for quashing - Application of provisions of Section 197, CrPC - Failure to investigate the case fairly and squarely is abandonment of his duty by a police officer - If for abandoning that duty he demands illegal gratification and he gets it, he commits an offence..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence under Food Adulteration Act - Delay in trial - Offence against society - Nature of such like crime does not permit that on account of delay, proceedings should be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 29(3)(f)(i) - Quashing of complaint - Complaint as a whole does go to show the commission of the offence complained therein - Very serious offence and the trial must proceed in accordance with Iaw - Not a case where the complaint alleged to have been filed with malice, ill-will or with ulterior..........
