Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques do not bear the signatures of accused - It is a matter to be seen after trial and cannot be adjudicated at this stage - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques do not bear the signatures of accused - It is a matter to be seen after trial and cannot be adjudicated at this stage - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed questions involved in the matter with regard to payment of amount with respect to cheque in question - However, date of return memo of cheque whether it is within time or not and amount in question was required to..........
Judicial service -- Appointment - Vacancies on which appellants were appointed were never advertised and such vacancies cannot be termed as anticipated vacancies - However, appellants have been working as judicial Officers now for nearly 10 years after successfully passing written examination and viva voce - Therefore, unseating appellants from their posts would not be in..........
Criminal Procedure Code, 1973, Section 482, Wakf Act, 1995, Section 52A -- Quashing of proceedings - Offence u/s 52-A of Waqf Act - Court can take cognizance of offence u/s 52-A IPC only on complaint - Complaint does not include a police report - Order taking cognizance by Magistrate based on police report is bad in law and thus, quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Cheque issued for discharge of loan advanced to Company for its business purpose - Accused had stood guarantee for loan advanced - She cannot deny knowledge of borrowing or issuance of cheque just because she Is not signatory of cheque - Averments in complaint shows..........
Criminal Procedure Code, 1973, Section 482, Kerala High Court Act, 1958, Section 5 -- Refusal to quash proceedings - Appeal u/s 5 of Kerala High Court Act - Maintainability - No appeal would lie u/s 5 of Kerala High Court Act against an order passed by single Judge refusing to exercise inherent powers u/s 482 Cr.P.C for quashing of a criminal case...........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing FIR - Rejection of petition without going into merits of the case made out by appellant - Impugned order set aside - Matter remitted for decision afresh...........
