Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Prohibition of Child Marriage Act, 2006, Section 3, Criminal Procedure Code, 1973, Section 472, 473 -- Child marriage - Extension of period of limitation to file complaint - Court has power to extend period of limitation if it deems appropriate in cases where minor victims are not able to file their complaints within time...........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Indian Penal Code, 1860, Section 498A, 506, 509, 34, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 506, 509, 34 IPC - Limitation - Gap between date on which complainant went back to house of her parents and date on which she filed complaint is more than 3 years - Allegations relating to later period of time are allegations of neglect and refusal to..........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 468, 469 -- Kalandra/complaint u/s 182 IPC - Limitation - Starting period - Limitation starts on the date when the police officer finds that complaint was false - Therefore, taking cognizance against petitioner u/s 182 IPC on the basis of complaint after expiry of one year as prescribed u/s 468..........
Indian Penal Code, 1860, Section 294, 506, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 294, 506 IPC - Cognizance of offence - Limitation - Incident occurred on 18 Feb 2010 - Complaint filed on 9 Mar 2010 well within the period specified and hence not barred u/s 468 Cr.P.C even though order of cognizance was passed on 5 Jan 2011 - Offences is to be reported..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Cause of action arose on 17.3.2018 - Complaint filed after delay of 7 days i.e on 25.4.2018 - No petition for condoning delay has been filed on behalf of complainant and without condoning delay, Court below has taken cognizance on complaint which was barred by limitation..........
