Criminal Procedure Code, 1973, Section 482 -- Power of High Court u/s 482 Cr.P.C. - Scope of - Held, inherent powers vested in High Court u/s 482 of the Code are very wide - Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised sparingly with circumspection..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Complaints dismissed in default resulting in acquittal of accused - Condonation of delay applications filed by Petitioner/Corporation after lapse of 620 days - Reasons sighted were failure of counsel to give intimation about status of cases, disputes regarding fees payable to counsel, and bifurcation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Held, issuance of an omnibus notice without specifying amount due under dishonoured cheque not even calling upon accused to pay amount of cheque issued will not serve the requirement of law - Complaint liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Private complaint - Order taking cognizance and issuing process in complaint filed u/s.138 of the Act on basis of examination of complainant on affidavit in terms of S.145 (1) of the Act - Legality - Held, no illegality in impugned order taking..........
Criminal Procedure Code, 1973, Section 372 -- Proviso(as inserted by Act 5 of 2009) - Appeal against acquittal by victim - Applicability of proviso - Impugned judgment has been passed on 18.03.2009, whereas proviso to S.372 of the Cr.P.C. was inserted on 31.12.2009, that is to say, long after date of incident i.e. 05.03.2008 - Held, proviso to S.372 of the Cr.P.C. may not..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte order in appeal - Rehearing of appeal - Appellant was already a major - Appellate Court appointed a G.A.L. to represent appellant - Appellate Court on an erroneous assumption held that appellant was represented by her G.A.L. was sufficiently represented and application U.O.41.R.21 CPC is not maintainable - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant has proved beyond doubt that there was loan transaction between parties and applicant/accused gave cheque of Rs.1,50,000/- which got dishonoured - Notice of payment was given and thereafter, criminal complaint was lodged within time - Held, trial Court as well as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Plea that petitioner is not the signatory of cheque - Held, this is a question of fact which is required to be examined by trial Court after recording evidence of parties - High Court in its jurisdiction u/s 482 of CrPC cannot examine..........
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary..........
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420, 406, 120B, 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of proceedings - Proceedings initiated against applicant u/s.138 of NI Act already quashed - Complaint registered for offences punishable u/s.420, 406, 120B r/w S.114 IPC arose out..........
