Constitution of India, 1950, Article 226 -- Quashing of FIR - Charge sheet filed subsequent to filing of quashing petition - Even if charge sheet is filed, Court can still examine if offences alleged to have been committed were prima facie made out or not on the basis of FIR, chargesheet and other documents...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Complainant purchased land from co-accused - Accused acted as a broker in the execution of deal - He was neither the executant nor witness to the sale deed - No allegation that accused had entered into a criminal conspiracy with any other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of witnesses - Petition for summoning of witnesses filed by accused was partly dismissed to the extent of summoning of one witness since no address particulars of said person was furnished - No interference warranted in said order - Petition for quashing order dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Non-compoundable offence - High Court has power to allow compounding of a non-compoundable offence and quash the prosecution u/s 482 Cr.P.C, where it feels that same is required to prevent abuse of process of law or otherwise to secure the ends of justice - Such power is not confined..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Time barred debt - It is a mixed question of law and fact - Not to be decided by High Court while exercising jurisdiction u/s 482 Cr.P.C. - Impugned order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Quashing of summoning order - Petitioners are senior citizens and reside in Mumbai - Drill of S.202 Cr.P.C was not followed - Neither complainant nor State counsel able to controvert the same - Summoning order set aside - Matter remanded back to Magistrate to..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fabrication of records - Quashing of FIR - Question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial - High Court was not justified in quashing complaint as well as charge sheet in its entirety when there are two..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C, High Court cannot examine that allegations leveled in the FIR are false...........
