Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For the purpose of exercising its power u/s 482 Cr.P.C to quash criminal proceedings, High Court would have to proceed entirely on the basis of allegations made in the complaint or documents accompanying the same per se - High Court has no jurisdiction to examine the correctness or otherwise of..........
Prevention of Corruption (Amendment) Act, 2018, Section 7(a), 7(A) -- Illegal gratification - Allegation levelled against accused in the prosecution records discloses the offences alleged against accused - Correctness or otherwise of allegations levelled in the final report is a matter to be tested during the course of investigation - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 14 -- Dishonour of cheque - Offence by Company - Directors - S.14 of IBC applies to corporate debtor and it is not applicable to natural persons - Directors being natural persons are not exonerated from criminal liability u/s 138 of N.I. Act - Petition for quashing of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Only because civil remedy was available to informant, that itself cannot be a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court while exercising jurisdiction u/s 482 Cr.P.C, would not ordinarily embark upon an enquiry whether evidence in question is reliable or not or whether on a reasonable appreciation of its accusation would not be sustained, as this is the function of trial Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal proceedings manifestly attended with mala fide and proceedings initiated maliciously with ulterior motives - When such fact is established, same is a good reason to quash criminal proceedings...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations against father-in-law and mother-in-law - Omnibus hurling of abuses against accused - No specific overt act is indicated in the complaint qua accused as the entire narration in the complaint is the squabble between husband and wife..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Quashing of complaint - Presumption u/s 139 of the Act or disputing the endorsement on the part of bank can always be raised during trial but same cannot be ground for quashing the complaint proceeding at initial stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - `Account closed'- There is no illegality in summoning the accused - Petition for quashing dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Quashing of proceedings - Petition u/s 482 Cr.P.C is not maintainable qua proceedings arising out of S.12 of the Act...........
