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 498A -- Cruelty - Allegations against relatives of husband - Where names of relatives of husband in matrimonial disputes are mentioned without there being any specific and substantiated allegations indicating their active role, same amounts to misuse of criminal process...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Payment of compensation or financial assistance to families of deceased cannot be treated as a ground for quashing criminal proceedings arising out of an offence u/s 304-A IPC...........
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...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Matrimonial discord - Suspicion and quarrels though unfortunate are not uncommon in marital life - Criminal liability u/s 306 IPC cannot be fastened merely because relationship between spouses was strained or because accused harboured doubts about character of deceased...........
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...........
