Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 405 -- Cheating and criminal breach of trust - Quashing of proceedings - Criminal colour given to a civil dispute - Such an exercise is nothing but an abuse of the process of law - It must be discouraged in its entirety...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Plea of accused that accused had resigned as director on 10.10.2014 - Form No.DIR-12 (Appointment or Resignation) was filed with Registrar of Companies on 13.08.2015 - Whereas, cheque were dishonoured on 06.07.2015 and notice was..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations made in FIR had an overwhelming and predominating civil flavor - Complainant already settled his score with main accused against whom proceedings have already been closed - There remains no justification to continue proceedings against..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Court cannot conduct a mini-trial at the stage of considering petition for quashing FIR u/s 482 Cr.P.C or Art.226 of Constitution...........
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..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR - Court cannot conduct a mini-trial at the stage of considering petition for quashing FIR u/s 482 Cr.P.C or Art.226 of Constitution...........
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..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of order - Order taking cognizance - Offence u/s 3(1)(D) of the Act - Application u/s 482 Cr.P.C is not maintainable against order taking cognizance for an offence in SC/ST Act, as only appeal provided u/s 14-A(1) of SC/ST Act..........
Criminal Procedure Code, 1973, Section 82, 83, 482 -- Arrest warrants - Court has to be prima facie satisfied that person accused of committing a non bailable offence is also evading his arrest - There has to be material before Court to reach said conclusion - Warrant of arrest cannot be issued without recording such subjective satisfaction - Impugned order issued merely..........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - No detailed order is required for passing any order for summoning the accused but in a case where final form has already been submitted in favour of accused and Magistrate is intending to proceed on a complaint petition, he is required to make reasons of differing with..........
