Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482, 200 -- Medical negligence - Quashing of complaint - Allegation of complainant that patient was kept without supply of oxygen for about 15 minutes when she was being shifted from observation room to ambulance - Complainant has also alleged that petitioner No.1 hospital did not have materials,..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 200, 202 -- Breach of contract/cheating/criminal breach of trust - There is very thin difference between a case of breach of contract and a case of cheating/criminal breach of trust - A mere breach of contract is not, necessarily cheating - A mere refusal to repay money or carry on the firm..........
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B - - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant has..........
Criminal Procedure Code, 1973, Section 200, 399, 401(2), Indian Penal Code, 1860, Section 323, 506 -- Complaint u/ss 323, 506 - Dismissed by trial Court - Summoning order passed by Sessions Judge in revision without affording an opportunity of hearing to accused - An order prejudicial to the interest of accused, without giving an opportunity of hearing, cannot be passed in..........
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202, Indian Penal Code, 1860, Section 376, 506 -- Police filed final report - Protest petition also filed - Magistrate has four options : (1) He may agreeing with the conclusions arrived at by the police, accept the report and drop the proceedings - But before so doing, he shall give an opportunity of..........
Criminal Procedure Code, 1973, Section 200, 468, 473, 470, Indian Penal Code, 1860, Section 500, 501 -- Period of limitation - Quashing of complaint sought on the ground that same was lodged after period of limitation prescribed under law - Complainant sought exclusion of period for computing limitation during which he was bona fide prosecuting complaint before another..........
Indian Penal Code, 1860, Section 406, Income Tax Act, 1961, Section 192, 199, 200, 206, 271B, 276BB, Criminal Procedure Code, 1973, Section 482 -- Civil and criminal dispute - Employee filing complaint against employer on the allegations that employer illegally deducted income tax from salary - Summoning order quashed - Held, dispute is purely of civil nature - Proper..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21 -- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto..........
Criminal Procedure Code, 1973, Section 199, 200, Indian Penal Code, 1860, Section 500 -- Defamatory report - Private complaint thereagainst - Defamatory report against a former minister and complaint company - Complaint company alone filed private complaint against accused - Minister didn't initiate any criminal proceeding against accused - Maintainability of - Held,..........
