Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings should not be quashed when parties are at variance over a question of fact as it would result in injustice to complainant - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant had successfully proved his case - Accused on the other hand failed to render any justifiable explanation for his alleged false implication in the case - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Complainant, after filing affidavit in examination-in-chief was cross examined - Complainant for valid reasons can only be summoned for re-examination for the purpose of explanation of matters referred to in cross examination but cannot be permitted to re-file an affidavit in..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant or any other person - Words `summon and examine any person giving evidence in affidavit' in 145(2) NI Act also includes power of Court to summon and re-examine such witness/person...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Indian Penal Code, 1860, Section 376 -- Rape - Complainant turning hostile - Courts to direct prosecution to initiate proceedings u/s 182 IPC where complainant turns hostile in Court or direct administration to initiate disciplinary action against police authority for submitting frivolous charge sheets in Courts...........
Indian Penal Code, 1860, Section 376(2)(n), 342, 506, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6 -- Rape - Compromise - Accused and complainant have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - Moreover, when disputes have been settled by mutual compromise, then no useful..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Petitioner is a practicing advocate with husband of complainant and is openly helping him apart from interfering in their peaceful married life - Allegations against petitioner even if presumed to be true, do not make out any case against petitioner under the Act - Proceedings qua..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque was issued by A-1 and A-2 - No specific allegation that same was issued with knowledge of petitioners - No case is thus, made out against petitioners on the basis of general, vague and omnibus allegation that cheque was issued fraudulently and dishonestly in order to..........
