Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Partners - Pleading that accused Nos.2 to 5, being the persons responsible for the affairs of accused No.1 and also being involved in day-to-day functioning of accused No.1 firm, they are jointly and severally liable to be prosecuted - There is also detailed account regarding the role..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Power to quash proceedings at initial stage has to be exercised sparingly, with circumspection and in rarest of rare cases...........
Criminal Procedure Code, 1973, Section 482 -- Banking fraud - Quashing of criminal proceedings - Held, even if accused voluntarily at a later stage settles monetary claim that cannot be made a ground to quash criminal proceedings unless well established principles for exercise of power u/s 482 CrPC are made out...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 471, 420 -- Compounding of offence - Bank loan taken on forged documents - Amount repaid in pursuance to order of Debt Recovery Tribunal - It cannot be said that there is a compromise between the offender and the victim - Held, it is not a ground to quash criminal proceedings...........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Complaint - Quashing of proceedings - Held, it is not proper for High Court to entertain writ petition to quash proceedings of a subordinate Court under superintendence of another High Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Held, in a case where the matter has to be considered on the basis of evidence Court cannot invoke power u/s.482 Cr.P.C. and quash the complaint...........
Indian Penal Code, 1860, Section 294, 354, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Petition to quash - One `S' put his hand on victim's shoulder and despite several objections said `S' continued with such activities and tried to put his hand on her chest and pulled her clothes - Informant stopped bus and threatened `S' to report the..........
Indecent Representation of Women (Protection) Act, 1986, Section 4, 6, Indian Penal Code, 1860, Section 292(2)(a) -- Cognizance of offences and order of summoning on a private complaint - Complainant and accused petitioner were married but residing separately in matrimonial home as they were co-owner of the flat - Two pornographic paintings, one on a canvass and other on..........
Indian Penal Code, 1860, Section 420, 467, 468, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell executed by a person who is not owner of land and who received earnest money - Held, mere pendency of civil suit is altogether a different matter and has got no nexus or co-relation with the criminal offences of cheating - Petition to quash proceedings dismissed...........
Jammu and Kashmir Public Safety Act, 1978, Section 8 -- Detention order - Pre-execution stage - Challenge - Held, detention order cannot be challenged at pre-execution stage on ground that person proposed to be detained has not been conveyed grounds of detention or that material relied upon by detaining authority has not been supplied to him or that he has not been..........
