Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was..........
Indian Penal Code, 1860, Section 406, 34, Employee's Fund and Miscellaneous Provision Act, 1952, Section 2(e), 14A, Employee's State Insurance Act, 1948, Section 2(17) -- Criminal breach of trust - Non payment of employee's contribution and employers' contribution towards provident Fund and Family Pension Fund payable by the company - Employer - Definition - Employer not..........
Criminal Procedure Code, 1973, Section 62, 71, Indian Penal Code, 1860, Section 406, 34 -- Criminal Breach of trust - Conviction - Legality of - Offence purely of technical nature - Amount involved also not very huge and later on paid within very short time - Petitioners or other accused not in any manner contributed for delay - Magistrate passed orders without application..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Death due to medical negligence - Order framing charge - Quashing of - Petitioner is qualified doctor - Nurse was skilled, qualified and competent to inject - Injections have been administered under supervision of qualified doctor - Prosecution failed to collect any material to show that..........
Prevention of Food Adulteration Act, 1954, Section 13(2), 17(2) -- Tomato Sauce - Sample found adulterated - By the time report of Public Analyst was received by applicant, a period of more than three years had elapsed - Applicant deprived of his valuable right u/s 13(2) of the Act of getting sample analysed by Director, Central Food Laboratory and as such continuance of..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of directors - Validity - Only allegations against petitioners were that they were directors of accused company - Held, it cannot be said that the acts committed by them would sufficiently make out petitioners to be vicariously liable - It is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - Quashing of proceedings - Petitioner No.1 ceased to be a director in accused company way back on 12.11.2009 - Although petitioner No.1 can be assumed to be privy to transaction, he cannot be assumed to be privy to issue or dishonour of cheques as cheques were..........
Negotiable Instruments Act, 1881, Section 138, 256, Criminal Procedure Code, 1973, Section 482 - - Dishonour of cheque - Complaint - Dismissal for no, prosecution - Validity - Petitioner failed to appear on date fixed by trial Court because of wrong noting of date by his Counsel - Complaint dismissed for no, prosecution and accused acquitted - Held, it is a fit case for..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of proceedings - Petitioners had already resigned prior to the date of alleged offence committed by company - They have not issued the cheque in question in favour of respondent No.2 - Further they were not responsible to company for conduct..........
Criminal Procedure Code, 1973, Section 197, 482, 548 - - Sanction for prosecution - Requirement of - Abetment alleged to have been committed for offences u/ss 268, 269, 270, 278 of IPC while acting or purporting to act in discharge of official duty by illegal omission in taking proper action against offenders - Held, sanction of Government u/s 548 of Kerala Municipality..........
