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..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - As per averments made in complaint petitioner has issued cheques to complainant under his signature - Plea of petitioner that cheque in question was signed by `M' and not signed by him, therefore, he ought not to have been..........
Indian Penal Code, 1860, Section 420, 467, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petitioners-accused had intention to cheat & misappropriate amount of complainant from very beginning - They have received huge amount of Rs.81,63,000/- in lieu of earnest money but did not execute sale deed of entire land in order to cheat and misappropriate..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(i)(x) -- Anticipatory bail - Offence u/s.3(1)(x) of the Act of 1989 - Bar as to grant of anticipatory bail - Applicability - Specific averment in complaint that Petitioner No.1 gave beatings to complainant and called him `Khatikde' in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of directors - Practice of prosecuting all persons holding office in company irrespective of whether they played any specific role in incriminating act - In many cases, complaint contains allegations even against directors who resigned from such company much prior..........
Criminal Procedure Code, 1973, Section 197, 482 -- Quashing of FIR - FIR was lodged on 26.09.1991 in connection with incident alleged to have taken place in 1988 - After lodging of FIR more than 22 years have lapsed - It is not in dispute that petitioner at relevant time was a public servant - Prima facie, act complained of is an act committed by petitioner in discharge of..........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Complaint - Cognizable offence - In the case of a complaint regarding the commission of cognizable offence, the power u/s 156(3) Cr.P.C. can be invoked by Magistrate before he takes cognizance of the offence u/s 190(1)(a) of the Code - However, if he once takes such cognizance and embarks upon the procedure embodied in..........
Criminal Procedure Code, 1973, Section 156(3) -- Report received u/s 156(3) Cr.P.C. from the police after investigation - Magistrate can act on the report and discharge the accused or straightaway issue process against the accused or apply his mind to the complaint filed before him and take action u/s 190 of the Code...........
Criminal Procedure Code, 1973, Section 190 -- After taking cognizance Magistrate can adopt any of the alternatives viz. (a) He can peruse the complaint and if satisfied that there are sufficient grounds for proceeding he can straightaway issue process to the accused but before he does so he must comply with the requirements of Section 200 and record the evidence of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Validity - Appellant was not present in second sitting and did not appear till 5:45 P.M. - When appellant had gone in search of his advocate, it was not possible for him to remain present in second sitting - Held, matter could have been adjourned to another day -..........
