Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the time of examining the prayer for quashing of criminal proceedings, Court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case - Correctness or otherwise of allegations made in the complaint cannot be..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-3, A-4 and A-8 - Prima facie case made-out against mother-in-law, father-in-law and husband of complainant - Correctness or otherwise of the same is a matter which requires to be investigated - High Court erred in entering into..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 406 IPC - Compromise - Quashing of proceedings : (a) Where wife has reaped the benefits of compromise and nothing more is required to be done by husband then such FIR deserves to be quashed; (b) If wife raises plea of fraud/coercion/duress etc. then same..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 477A, 120B, 34 -- Quashing of order taking cognizance - Cheating - Allegation that accused manipulated the judicial processes and revenue records to illegally acquire government lands - Act of forgery was a deliberate attempt to circumvent the legal procedure - Nature and..........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2) -- Offence u/ss 13(1)(b), 13(2) of P.C Act - Quashing of FIR - Source report for registering FIR is different from authorization issued by Superintendent of police and source report sent by police inspector and date also differs - Registration of FIR and issuing authorization is non-application of mind - FIR..........
Prevention of Corruption Act, 1988, Section 7(a) -- Illegal gratification - Accused though exonerated from departmental proceedings yet competent authority proceeded to accord sanction for prosecution - Said fact was not considered by High Court while quashing FIR - Moreover, continuation of trial was not on the very same evidence as what weighed with authorities in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second FIR - Second FIR lodged at place `U' on the basis of same allegations as in first FIR lodged at place `H' - Investigating agency at place `U' was well aware of the complaint on similar allegations being lodged at place `H' - Complainants had been misusing their official position by lodging complaints one..........
