Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent powers of Court are to be exercised sparingly - However, where very initiation of proceedings is vitiated by non-compliance of a mandatory statutory safeguard, High Court would be justified in stepping in to prevent abuse of process of Court...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Condition to deposit 30% of total amount of penalty - Held, without expressing any opinion on merits of case, lest it may prejudice the outcome of trial, condition to deposit 30% of total amount of fine/penalty is modified to the extent that petitioner would furnish a personal bond together with an..........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Constitution of India, 1950, Art.226 - Quashing of proceedings - Once a petition u/art 226 of Constitution of India or S.482 Cr.P.C. or S.528 BNSS is preferred, same should be decided on merits rather than dismissing the same as infructuous or by directing Police to follow..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offences which have serious impact on Society cannot be quashed merely on basis of compromise between parties...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 220 -- Dishonour of multiple cheques - Single complaint - Whether maintainable - Single complaint relating to dishonour of multiple cheques issued by accused in one series of acts so connected together as to form same transaction, is maintainable in view of S.220 Cr.P.C...........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Brother of a deceased married lady is a legal heir of deceased victim for the purpose of contesting a criminal case/appeal - He is thus, considered to be a victim...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
