Constitution of India, 1950, Article 32, Criminal Procedure Code, 1973, Section 482 -- Writ petition under Art.32 COI to quash and set aside criminal proceedings/FIR - Relief which can be considered by High Court u/s 482 Cr.P.C. not to be considered by Supreme Court in exercise of powers under Article 32 of the Constitution of India...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Bank Managers on one hand specifically deposed that no such bank account was opened and maintained in their bank - While on other hand cheque issued was returned with remark `Account Frozen' which presuppose that an account existed - Matter needs to be taken into consideration..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of considering application for quashing of proceedings, allegations in FIR must be read as they stand and it is only if on the face of allegations that no offence as alleged has been made out, that Court may be justified in exercising its jurisdiction to quash...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - Offence u/s 307 IPC cannot be compromised - However, High Court can exercise its jurisdiction to quash FIR on the basis of compromise in cases where victim has not received any fire arm injury or the facts and..........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Quashing of proceedings - If on face of complaint, act alleged appears to have a reasonable relationship with official duty, power u/s 482 Cr.P.C would have to be exercised to quash proceedings to prevent abuse of process of Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Whether or not accused has repaid the entire amount, is a question which can only be decided on basis of evidence led before trial Court - Even, authorized person having due knowledge of factum of transaction of having witnessed the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Certain documents which should have been annexed with challan not annexed - Not a ground to quash FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court while exercising its power u/s 482 Cr.P.C to quash FIR instituted against accused should have applied following two tests: (i) whether allegations made in complaint, prima facie constitute an offence; and (ii) whether the allegations are so improbable that a prudent man would not arrive at the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued in pursuance of compromise - Complaint on the basis of dishonour of such cheques - Held, mere fact that a suit is pending challenging validity of compromise deed would furnish no cogent basis to quash the proceedings u/s 138 of the Act...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Assets disproportionate to known sources of income - Quashing of FIR - Documents which have been relied upon by accused cannot from basis of quashing FIR - Value and weight to be ascribed to documents is a matter of trial - At the stage of quashing FIR Court only has..........
