Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings sought on the ground that respondent-complainant has not mentioned in complaint regarding the date when loan was advanced to petitioner - Held, merely on that basis complaint cannot be quashed - Such issues can very well be gone into by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceeding - Quashing of - Pendency of civil/revenue proceeding - Effect of - I.O. has submitted the charge-sheet after collecting cogent evidence which disclose commission of offence - Held, there is no illegality in submission of the charge-sheet and taking cognizance against applicants - Allegations are constituting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Fax (claimed to be the notice) has not been sent to accused company - Said notice does not say that petitioners must make payment of dishonoured cheque within a period of 15 days of receipt of said fax - It also does not say that in..........
Criminal Procedure Code, 1973, Section 482, Penal Code, 1860, Section 304A -- Quashing proceedings - Medical negligence - Death of child - Two sets of opinions; one in favour of the complainant and another in favour of the appellants - Which opinion would prevail is essentially a question to be determined by the learned Trial Judge upon considering the evidence adduced by..........
Criminal Procedure Code, 1973, Section 482, 202, 190 -- Complaint - Summoning - Quashing - Some of the illustrative grounds are : (1) where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Criminal complaint - Quashing of issuance of summons - Offence u/ss 420, 120-B IPC - Allegations regarding non-repayment of loan amount by petitioner - As per evidence on record, act alleged against petitioner not prima facie satisfy ingredients constituting offences - Order of..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death due to rash and negligent act - Complaint - Quashing thereof - Final report was accepted and protest petition was rejected by Magistrate - Sessions Court directed further investigation - Legality of - Held, parties have compromised and complainant categorically submitted that she..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Malafides of informant - When an information is lodged at the police station and an offence is registered, then the mala fides of the informant are of secondary importance - It is the material collected during the investigation and evidence led in Court which decides the fate of the accused..........
Evidence Act, 1872, Section 40, 44 -- Separate trial - Acquittal of a co-accused - Relevancy of judgment - Held, acquittal of a co-accused in a separate trial cannot be made basis for quashing proceedings against another co-accused who is being separately tried on the principle that each case has to be decided on evidence adduced in that case - Judgment of acquittal..........
