Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Criminal proceedings Quashing of Cross case against both parties - Compromise between parties during pendency of petitions filed u/s 482 CrPC - Held, criminal proceedings liable to be quashed - Order accordingly...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Original complainant is not found to be payee and/or holder in due course of cheque which has been dishonoured thus, she has no locus standi to file complaint for offence u/s 138 of the Act - Complaint at instance of respondent no.2..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Contention on behalf of petitioner/accused that cheque in question was not dishonoured because of insufficiency of funds but for the reason that signatures did not tally with..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by partnership firm - Prosecution of partner - Quashing of proceedings - Petitioner/accused No.4 had already retired as a partner of accused No.1/Partnership Firm - Petitioner/accused No.4 was thus not Partner of accused No.1 at the relevant time..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500 -- Defamation - Issuance of process - Validity - Complainant pleaded that averments contained in complaint filed by present petitioners against him u/s.138 of NI Act are libelous - Process issued against present petitioners - Challenge to - Held, filing of a case is a publication, however,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Two cheques for a sum of Rs.50,000/- and 30,000/- were dishonoured - Rs.50,000/- was paid in cash which complainant has acknowledged - According to applicant, a sum of Rs.30,000/- was also paid in cash and an endorsement to this..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - All essential ingredients constituting an offence u/s.138 of NI Act are existing in petition of complaint - It can not possibly be said that no prima facie case is made out against petitioner - Specific plea taken by petitioner that disputed cheques were..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - General criticism made by A1 to A8 on application of the Act and the Act being misused by some persons - Held, allegation of misuse of provisions of the Act by some persons does not by itself become either..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Cheques returned dishonoured by Bank for the reason that signatures of account holder are different - Account was in the name of another person - Held, impugned order taking cognizance against petitioner liable to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Legally payable debt - Existence of - Cheque issued to satisfy money payable under consent decree in Special Civil Suit got dishonoured - Complaint - Quashing of - Held, plaintiff had already performed proclamation of relinquishment by..........
