Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 186, 353, 307, 482, 34, Arms Act, 1959, Section 27 -- Framing of charge - Offence u/ss 186, 353, 307, 482, 34 IPC and S.27 Arms Act - As prosecution has failed to record statement of any police official that after surrender and arrest of petitioner in Court, he was identified by them as the person..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
Criminal Procedure Code, 1973, Section 482, 239 -- Quashing of proceedings - Proceedings quashed as certificate u/s 65-B(4) Evidence Act not produced when charge sheet was filed - Need for production of such a certificate would arise only when electronic record is sought to be produced in evidence at trial - Stage at which High Court sought to apply said provision thus,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence under PWDV Act - Admittedly, respondent/daughter-in-law and son of petitioner/father-in-law after 10 days of marriage started living separately at place `C' and petitioner/father-in-law was living at place `M' with his family and they did not share common house hold - Even, Court below analysed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Indian Penal Code, 1860, Section 307, 323, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Quashing of FIR - Compromise - Offence u/s 307, 323, 34 IPC and Ss.25, 27 Arms Act - There is fire arm injury on the calf and invocation of S.307 is debatable on said issue - Moreover, continuation of criminal proceedings between parties would be abuse of process of law - FIR..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Criminal Procedure Code, 1973, Section 482, Notaries Public Act, 1952, Section 13 -- Quashing of charge sheet - Merely because I.O was not competent to investigate the matter in view of S.13 of Notaries Act and to file charge sheet, even then, charge sheet cannot be quashed only on this ground...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........
