Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 177, 178 -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Prosecution of partner - Cheque issued by accused No.1 from the account maintained by him as a proprietor of firm - Present petitioner has not signed the cheque - Held, petitioner cannot be held liable for prosecution - Application is..........
Criminal Procedure Code, 1973, Section 482, 401 -- Inherent power - Exercise of - No form or procedure is prescribed in the Code - In appropriate cases, inherent power of High Court can be exercised even in a case filed as Revision against order of Court below...........
Criminal Procedure Code, 1973, Section 427(1)Proviso,482 -- Sentences - Concurrent running of - Petition for concurrent running of sentences passed against petitioner - Held, S.427 Cr.P.C. cannot be applied in a separate and independent proceedings by this court in exercising inherent jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415 -- Quashing of proceedings - Offence u/s 415 IPC - There is single line allegations in complaint that accused received advance and cheated - As existence of fraudulent or dishonest intention of making initial promise or existence thereof from very inception is condition precedent for offence..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Non-compoundable offence - Inherent powers - Matrimonial dispute - Parties have come to terms and have decided to separate from each other and to obtain a decree of divorce by mutual consent - All disputes and differences between parties have been amicably and mutually settled - Held, it..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Criminal breach of trust and cheating - Documents annexed to application u/s 482, Cr.P.C. read with averments made in complaint petition clearly show that dispute arises out of a partnership business between complainant-Petitioner Nos.1 and 2, who were related as son and his parents - There..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If accepting the entire allegations made in the complaint petition does not make out any criminal offence and the dispute raised is purely of civil nature, continuance of the criminal proceeding would amount to an abuse of the process of law and should be quashed for the ends of justice...........
Criminal Procedure Code, 1973, Section 482, Motor Transport Workers Act, 1961, Section 2(h) -- Quashing of Criminal proceedings - Complaint against petitioners, who are MD and Managers of company for offence allegedly committed under Motor Transport Worker Act, 1961 - Company is a courier company utilising motor vehicles and hence Tamil Nadu shops and Establishments Act,..........
Drugs and Cosmetics Act, 1940, Section 27, 18, 19, Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Rules, 1945, Rule 75A, 96, 97 -- Cognizance of offence - Company `G' without obtaining loan license, marketed drugs manufactured by company `E' - Drugs in question misbranded - Cognizance of offence taken - Petitioners, Chairman a Managing Director of company..........
