Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Quashing of proceedings - Dispute amicably resolved whereby parties were to approach for obtaining decree of divorce and also to seek quashing of criminal case - Allowing continuance of criminal action would be fruitless and clearly an abuse of judicial..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of FIR - Development agreement - Amount of Rs.1 crore paid along with development agreement cannot be said to have been entrustment of property - Even otherwise, accused not used the amount nor misappropriate it contrary to any direction of law or..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Quashing of order dismissing complaint - Cheating - Monetary transaction - Allegation that accused allured complainant to join them in their business of purchasing plots - However, complainant failed to prove that money was ever given to accused at the time when plot was..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment to suicide - Quashing of charge - From perusal of FIR, suicide note and report u/s 173 Cr.P.C., no ingredients of offence punishable u/s 306 IPC are made out - No evidence or positive act to suggest that petitioners abetted deceased in any manner to instigate him in committing..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of FIR - Offences u/ss 13(2), 13(1)(d) PC Act and Ss.420, 120-B IPC - There are no allegations of criminal conspiracy rather it a case of civil nature and in case, violations are there of any sort, the same could be..........
Criminal Procedure Code, 1973, Section 154, 482, Arms Act, 1959, Section 25(1b)(a), 27 -- Two FIRs - Quashing of second FIR - Offence u/ss 25(1b)(a), 27 IPC - For same occurrence no two FIRs could be allowed to survive - However, narration of both the cases in hand are distinct to each other, as present case is for recovery of arms and ammunition and earlier case relates..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471 -- Quashing of FIR - Compromise - Cheating - Matter between parties compromised - Compromise is genuine and Court has no inhibition in accepting compromise and quashing FIR as well consequent proceedings arising out of FIR - Proceedings quashed...........
Prevention of Corruption Act, 1988, Section 7, 8, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Criminal conspiracy - Quashing of proceedings - Plea that prosecution is having insufficient evidence to bring home conviction - Held, at this stage it is not proper to bring out conclusion or guilt..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR -..........
