Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, Press and Registration of Books Act, 1867, Section 7 -- Defamation - Private complaint - Quashing of proceedings - Perusal of complaint reveals that petitioner No.1 is Editor whereas petitioner No.2 is Managing Editor - In complaint, respondent except stating that petitioner No.2 is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Complaint - Quashing of proceeding - There is an allegation of demand of dowry and also misbehaving complainant/respondent by way of using filthy language, involving her dignity - Held, criminal proceeding cannot be quashed against i, laws at..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 323, 294, 307, 506, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Quashing of criminal proceedings - Matrimonial dispute resolved amicably - Held, criminal proceeding liable to be quashed - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Validity - Applicant/accused not deny that he had given cheque to opposite party No.2/complainant - Contention that he had given that cheque to opposite party No.2 to pay fee of coaching institute where applicant's son intended to join - Name..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Amendment of complaint - Mistake in cheque number - Not only in pleadings of complaint, but in notice as well as in affidavit filed by complainant, number of cheque wrongly mentioned - Held, no provision for amendment in Cr.P.C. - Amendment in complaint cannot..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Court has jurisdiction where payment of amount as hand loan, issuance of cheque in discharge of debt and legal notice calling upon accused to pay the amount - Plea rejected that complaint can only be filed at the place of drawee bank...........
Criminal Procedure Code, 1973, Section 482, 190, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 7 - - Cognizance of offence - Quashing - No corroboration of testimony of complainant regarding demand of bribe by accused - Held, evidence of complainant cannot be relied on - Impugned order taking cognizance of offences against accused-petitioner stands quashed -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Cheque issued by 1st accused company got dishonoured - Bald averment in complaint that petitioners were also involved in day to day administration of company - Except allegations in complaint, there is..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2), 19, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Main accused not prosecuted - When main accused is not prosecuted then conspirator cannot be prosecuted - Held, order of granting sanction deserves to be quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 13(1), Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint and subsequent proceedings - Matter compromised and settled between parties with the help of mediation - There exists no scope of any future proceedings in the matter as it would amount to creating consternation to the..........
