Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - No specific allegation has been made against them apart from the fact that they happen to be directors of accused company - But insofar petitioner No.1 is concerned it has been asserted in complaint that he is signatory to the said dishonoured cheque - Held,..........
Indian Penal Code, 1860, Section 302 -- Trial in absentia - Allegations of murder allegedly committed by five accused - Three accused absconded and declared proclaimed offenders - Trial of two arrested accused terminated in acquittal as it was found that eye-witnesses were procured witnesses and thus not worthy of credence - Proceedings against absconding P.O's also..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Prosecution of partner - Cheque issued by accused No.1 from the account maintained by him as a proprietor of firm - Present petitioner has not signed the cheque - Held, petitioner cannot be held liable for prosecution - Application is..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Brother of deceased named two persons in his statement which also reflects the motive for committing the crime - Trial Court summoned additional accused - High Court quashed order - Held, High Court was not justified in quashing prosecution application - Summoning order passed by trial Court proper...........
Essential commodities Act, 1955, Section 7 -- 275 bags of wheat and 8 bags of rice recovered from house and godown of petitioner - Informant, Block Supply Officer suspected that said food articles belonged to Food Corporation of India - Proceedings initiated u/s 7 of the Act - Petition for quashing proceedings - No specific allegation of violation of any control order or..........
Criminal Procedure Code, 1973, Section 482, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, Indian Penal Code, 1860, Section 467, 420 -- Quashing of order sought vide which cognizance of offence taken u/s 21 of MMDR Act, 1957 and u/s 420 and 467 of IPC - Allegations that challan earlier issued by Mining Department for transportation of iron ore were..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - No denial of the fact that one of the directors who was not actually in charge of day to day affairs of petitioner No.1 company and died while another director resigned before cause of action..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Indian Penal Code, 1860, Section 420 -- Dishonor of cheque issued by a company - Prosecution of managing director and others - Petitioners sought quashing of complaint alleging that they were neither directors nor partners nor employees of the company - Not a whisper in the complaint that petitioners were responsible..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of prosecution - Factors to be considered - Held, prosecution cannot be quashed by looking into the defence of accused which has to be pleaded at the appropriate stage by them - For scuttling prosecution at it's inception and nipping it into the bud, case..........
Civil and criminal proceedings -- In case there is only civil liability then criminal prosecution does not lie - In case there are both civil and criminal liability then both the proceedings can go on simultaneously and in that eventuality the criminal proceeding should be given primacy - Criminal proceeding cannot be quashed or dropped on account of pendency of the civil..........
