Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, 263(g) -- Dishonour of cheque - Plea of accused that he should not be tried u/s 138 of N.I. Act can only be raised before Court of Magistrate u/s 251 Cr.P.C. and 236(g) of Cr.P.C. - Along with this plea, he can file necessary documents and also make an application...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial nature - Criminal proceedings are not to be quashed where offence is heinous in nature...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Information Technology (Amendment) Act, 2008, Section 66, 72 -- Quashing of proceedings - Compromise - Cheating - Criminal conspiracy - Parties entered into compromise - Matter between parties has been settled amicably, voluntarily and without any pressure or coercion - Proceedings..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question - He claims to have sold the same to his brother through an agreement - Moreover, petitioner was not present in vehicle when seizure was effected and he is not the accused in the case - Even recovered..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Proceedings in some other cases would not be a ground for rejection of exemption application...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C has to be examined on its own facts and grounds given in exemption application and have to be taken into consideration and after applying mind on grounds taken if Court finds that there is a genuine reason or not in attending proceedings, exemption applications may..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - If on account of closure of commercial activity, any particular person who is associated with such commercial venture, suffers loss, same would not amount to commit an offence by Company u/ss 420, 406 IPC - Proceedings qua directors of such company..........
Indian Penal Code, 1860, Section 414, Criminal Procedure Code, 1973, Section 100 -- Offence u/s 414 IPC - Non-compliance of S.100 Cr.P.C - Accused convicted on basis of testimony of two witnesses, who were members of raiding team - Articles were seized from different places and different place of occurrence ought to have been proved by I.O - Non-examination of I.O in such..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Allegations alleged in complaint asserted to be false and accused denied of taking loan - Fact of taking loan can only be decided after parties adduce evidence - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 506(2) -- Anticipatory bail - Offence u/ss 504, 506(2) IPC - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail granted to accused with conditions - Despite order granting anticipatory bail, it would be open for..........
