Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Case of complainant/respondent that cheque issued by accused/applicant towards security of payment for work to be carried out by complainant was dishonoured - Nature of transaction disputed by applicant on basis of her own..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Apex Court directed lower Court to consider and decide matter expeditiously - Matter seized with lower Court since 01.12.2007 whereby summons were issued to applicants to appear in the case - Said order was modified by same Court by..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Scope and ambit - Held, powers of High Court though very wide but should be exercised in appropriate cases, ex debito justitiae to do real and substantial justice for administration of which alone Courts exist - Inherent power do not confer an arbitrary jurisdiction to act according to whim or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused availed loan of more than Rs.175 Crores and towards the discharge of their partial liability two cheques have been given by second petitioner on behalf of first petitioner company for Rs.30 Crores - Further, on the date of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Allegation contained in complaint and examination on oath of complainant do not reveal that there is an allegation of commission of offence by any Company or Firm nor is there any allegation in complaint that petitioner is either..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Cheque admittedly issued by petitioner No.1/company and signed by petitioner No.2/ - Quashing of complain sought on ground that there was no legal debt or liability at the time when cheque was issued - Held, when cheque has been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - A perusal of complaint showing that the same has been filed against petitioner in his individual capacity and not in his capacity as a Director authorized signatory of company - Contention of Petitioner that the premises was leased..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - At the stage of defence evidence, petitioner/accused moved an application seeking direction to complainant to adduce evidence of a finger print and hand writing expert - Trial court rejected application for the reason that accused cannot compel complainant to..........
Criminal Procedure Code, 1973, Section 482, 319, Indian Penal Code, 1860, Section 498A, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Summoning order has been passed against father-i, law, mother-i, law and husband after recording statement of complainant and witnesses that applicants withheld the articles given to wife at the time..........
