Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, proviso (b) S.138 of N.I. Act stipulates notice regarding dishonour of cheque and demanding discharge alone - There is no statutory mandate that notice shall narrate nature of liability - Therefore, omission or error in notice..........
Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18, 25(3) -- Quashing of proceedings - Sale of sub standard drug - Report of Government analyst was received after expiry date of sample drug - Held, question of exercising option or notifying intention u/s 25(3) of the Act does not arise - In such a case, accused has no opportunity to..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent powers - Held, High Court can exercise its inherent powers u/s.482 Cr.P.C. if there is an express legal bar engrafted in any of the provisions of Cr.P.C. or Act concerned (under which criminal proceeding is instituted) to institution and continuance of proceedings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Respondent who was alive to the fact that notice would take some time to reach petitioner did not file complaint immediately after notice was posted - Respondent instead waited for four more days and filed complaint on 19th day after..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Cheque was presented and dishonoured at Srinagar - It is no body's case that cheque was drawn at Pulwama - Held, merely because notice was dispatched from Pulwama to petitioner at his Srinagar address would not give jurisdiction..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Owing to breach of agreement by petitioner/accused, respondent No.2/complainant had not withdrawn earlier complaint - Merely because case was concluded and ended in acquittal, it cannot be said that there is no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Prosecution of Directors - Quashing of - Averments in complaint coupled with reply to notice by all petitioners are sufficient compliance and sufficient allegation relating to each of Directors and their responsibility for conduct of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Trust - Prosecution of trustees - Quashing of - Sufficient averments to the effect that petitioners (Accused No.3 to 9) being trustees of Trust (Company) were i, charge of running of Trust along with second accused and they all entered into a..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of proceedings - Respondent/complainant has not specified role of Directors in day-to-day affairs of company - Held, pleadings for proceeding against petitioners as an accused u/s.138 of the Act as..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of MD - Quashing of proceedings - At the time of presentation of cheque petitioner was Managing Director of accused No.1-Corporation - Held, petitioner is prima facie answerable to claim - At this stage, it is not..........
