Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 120-B - Complaint filed alleging cheating - Matter involved of civil dispute relating to a contract - Held, when matter involved is purely of civil nature then criminal proceedings cannot continue - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Agreement to sell and an advance of Rs.30,000/- received - Later on with respect to same lands, she executed registered sale deed in favour of petitioner against consideration and died after sometime - Allegation against petitioner was of playing fraud with complainant - Held, civil dispute..........
Letters Patent (Bombay) -- Clause 15 - Criminal proceedings - Whether an order passed by Single Judge in a writ petition u/Art. 226 of the Constitution of India is a proceeding under civil jurisdiction or criminal jurisdiction? - Principles governing - Enumerated...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceeding - Dispute of civil nature - Quashing - Petitioners have challenged the proceedings of criminal case on ground that facts of case establish that dispute is of a civil nature - Held, several disputed facts are involved to be determined which can be determined on the basis of evidence adduced therein - Only on..........
Indian Penal Code, 1860, Section 441 -- Criminal trespass - Petitioners admittedly in possession prior to 1995 - Complainant noticed alleged trespass only in 2008 - Complaint was given on 5.10.2009 - Thus cannot be inferred that petitioners committed trespass with dominant intention to intimidate or assault the complainant - Held, dispute raised by complainant is purely of..........
Punjab Civil Services Rules, Volume II, Rule 2 2(b) -- Criminal proceedings - Retiral benefits - Withholding of - Under Rule 2.2 (b) of the Rules - Criminal proceedings were initiated against the petitioner while he was in service - Offences unrelated to the service of the petitioner - Neither there is any claim of causing loss to the Government nor there is any case for..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If accepting the entire allegations made in the complaint petition does not make out any criminal offence and the dispute raised is purely of civil nature, continuance of the criminal proceeding would amount to an abuse of the process of law and should be quashed for the ends of justice...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence of committing forgery by creating a false document by dishonest and fraudulent means, forged the signatures of complainant and an attempt made to use the forged document as genuine - Civil dispute pending in competent civil court - Held, notwithstanding civil..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Quashing of complainant sought on the ground that dishonoured cheque was a part of the claim in arbitration proceedings and hence controversy was civil in nature - Held, it would not per se prevent criminal Court to independently..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment order - Plea that civil suit is pending and proceeding u/s 145 Cr.P.C. are liable to be dropped - Applicants on appearance in pursuance of preliminary order neither filed any written statement nor objections to the preliminary order - No application filed for dropping the proceedings - Applicants cannot be..........
