Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Proceedings not to be quashed on disputed factual defences of accused such as whether cheque was given as security or not and whether there was outstanding liability or not - Factual defences can only be decided by trial Court after recording evidence of parties...........
Constitution of India, 1950, Article 142, Indian Penal Code, 1860, Section 364 -- Quashing of FIR - Offence u/s 364 IPC - Accused abducted minor daughter of complainant and married her - When matter reached Supreme Court, by then two children were born to couple - Even, father of girl granted consent and approval to marriage of couple - In order to do complete justice, FIR..........
Customs Act, 1962, Section 142(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Deficient of goods placed in custody of appellant by Customs department - Since appellant is willing to deposit amount of compensation along with interest in lieu of deficiency of goods - Therefore, ends of justice would be met - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A, 34 IPC - Quashing of proceedings - FIR against husband and his parents - Allegation that wife was harassed for dowry which amounted to cruelty - Reading of complaint, it cannot be held that even if allegations are taken as proved no case is made out - Question..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If allegations are absurd or do not make out any case or if it can be held that there is abuse of process of law, the proceedings can be quashed but if there is a triable case Court does not go into reliability or otherwise of the version or the counter version - In matrimonial cases, Courts have to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing - Quashing of complaint and summoning order - Notice u/s 251 CrPC not yet framed - Petitioner has alternate and efficacious remedy available to urge pleas before trial court during framing of notice u/s 251 CrPC - Inherent powers u/s 482 CrPCnot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of pay order - Complaint against Bank and its Branch manager - Proceedings against Bank already dropped - In such a situation, complaint against Branch manager cannot be proceeded - Moreover, in the absence of necessary details as regards the property based on which the transaction was entered into between the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Quashing of FIR - FIR against A2 already quashed - Petitioner never resided with the complainant or with the accused - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque by guarantor - Cheque is not towards debt but towards other liabilities - Issuance of cheque as security stand on different pedestal than the cheque issued by guarantor - Cheque issued by guarantor is for discharge of liability towards payment - Held, cheque is covered by S.138 of the..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Closure of defence evidence - Quashing of order - Despite of several opportunities, petitioner failed to produce any defence evidence - Trial Court committed no error by closing the opportunity of petitioner to produce defence evidence - Petition dismissed...........
