Indian Penal Code, 1860, Section 406, 397, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Civil dispute - Labour charges not paid and amount due to the complainant for the machines and accessories supplied not paid - Real dispute between the parties relates to non payment of charges for which remedy lies in the civil Court - Proceedings quashed...........
Indian Penal Code, 1860, Section 364, 307, 504, 506, Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of FIR - Proceedings initiated u/s 145 Cr.P.C. between the parties - Applicants fired shots though complainant escaped unhurt - Held, that there is no question of any civil matter being converted into a criminal case - Allegations cannot be said to be of civil..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. initiated during pendency of civil suit wherein order of status quo was passed - Proceedings u/s 145 Cr.P.C. not maintainable...........
Criminal Procedure Code, 1973, Section 340 -- Forged document - Petition u/s 340 before District Judge - Pendency of first appeal - First appeal at the instance of respondent/defendant was pending in High Court when petition u/s 340 of the Code was filed before District Judge - Maintainability of - Held, since the proceedings in first appeal is continuation of original..........
Consumer Protection Act, 1986, Section 2(1),(g), Electricity Act, 1910, Section 39,44(c) -- Electricity - Theft of electricity - What the inspecting team saw was a small hole in front of the meter - They have not seen the consumer complainant abstracting/consuming the electricity and using energy dishonestly - Nor did they see any artificial means or unauthorized mean used..........
Civil suit and criminal complaint -- Quashing of complaint - Court at this stage cannot consider the defence of accused but Court can look to the admitted documents - Criminal proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the Court - Superior Courts while exercising this power should also strive to serve the..........
Fatal Accidents Act, 1855, Section 1(a) -- Torts - Criminal Procedure Code, 1973, Section 340 - Damages -Suit for damages vis-`-vis proceedings u/s 340 Cr.P.C - Distinction - Suit for damages is civil remedy for claiming monetary compensation for the wrong done - Proceedings u/s 340 are criminal proceedings initiated by the Court for giving false evidence - No monetary..........
Indian Penal Code, 1860, Section 420, 467 -- Agreement to sell - Failure to pay balance amount despite notice - Sale agreement cancelled by giving notice - Sale of part of land to another party - Offence u/ss 420, 467 not made out as dispute is of civil nature - Criminal proceedings quashed...........
Civil and Criminal proceedings -- Criminal and civil proceedings are separate and independent and the pendency of a civil proceeding cannot bring to an end a criminal proceeding even if they arise out of the same set of facts...........
Indian Penal Code, 1860, Section 467, 468, 469, 471, 420 -- Rent receipts - Alleged to be forged - Authenticity of rent receipts sub judice before Civil Court - Unwarranted for landlord to approach Magistrate with criminal complaint for offences punishable u/ss 467, 468, 469, 471 and 420 IPC - Proceedings quashed...........
