Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Burden of proving that there is no existing debt or liability is on accused which he has to discharge during trial - Order taking cognizance against accused cannot be quashed when trial is at the initial stage - Accused would be free to take his defence with regard..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court can quash FIR even when charge sheet is filed during pendency of such petition...........
