Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Cognizable offence - Non registration of case - Direction to police to register a case - Such a direction cannot be issued unless petitioner avails alternative remedy available under the Code viz. to send the substance of such information in writing to SSP in case of refusal of Officer-in-charge of a police post to..........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Cognizable offence - Non registration of case - Remedies available - Substance of such information can be sent to SSP in writing by post - SSP can either investigate himself or can direct investigation by any police official subordinate to him - Complainant can also avail remedy available u/ss 199 r/w S.200 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500 -- Defamation - Quashing of complaint - Imputations against complainant in written statement - Once a statement has been filed in a Court of law, that statement can be taken as published and if such a statement amounts to per se defamatory, it is the duty of accused to establish that he is..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction of High Court - Scope - Such power should be exercised sparingly and that too in the rarest of rare case...........
Criminal Procedure Code, 1973, Section 156, 482 -- Illegality in investigation - Does not affect the competence and jurisdiction of Court for trail - In the instant case no prejudice caused to accused merely because of addition of non bailable offence with bailable offence - It is upto Court to accept or not to accept police report - In case of apprehension of arrest,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 463, 107 -- Quashing of complaint - Complaint under Ss.406, 420, 463 r/w Section 107 IPC - Case of complainant that accused having good marketable title, a registered sale deed was entered - Merely because petitioners closely related to accused, cannot be said that allegations made..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Scope - Vexed questions of fact and law cannot be adjudicated upon under Section 482 Cr.P.C. and the said exercise is alien to the scope of the said provision...........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 323, 324, 504, 506, 307, 392 -- Application u/s 156(3) - FIR registered under orders of Magistrate - Two incised wounds found on head in medical examination - Police recorded statement of complainant during investigation - Final report submitted - Protest petition filed - Magistrate..........
Indian Penal Code, 1860, Section 500, 501, Criminal Procedure Code, 1973, Section 482 -- Summoning order u/s 500/501 IPC - Quashing of - Newspaper report - Complainant involved in criminal cases - Newspaper report a fair reporting - Complainant not having reputation in the society - No case made out - Criminal proceedings quashed...........
