Indian Penal Code, 1860, Section 420, 120B, 406, Criminal Procedure Code, 1973, Section 482 -- Goods not supplied inspite of payment of advance - Neither goods supplied nor money returned - A cheque was issued which was dishonoured - Held, offence, if any, is covered u/s 138 Negotiable Instruments Act - Complaint u/ss 420, 120-B, 406 IPC is not maintainable - Filing of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of proceedings - Applicant sought quashing of proceedings on ground that complaint was not filed by competent person - In complaint opposite party No.2 has specifically stated that his wife has executed a power of attorney in his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Complaint on behalf of company filed by a person who had already resigned from Board of Directors of Company - Held, continuation of criminal proceedings against petitioners, on the basis of complaint filed by a person, who was not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of proceedings - Contention of applicant/accused that she never met complainant and her name is not Manjeet Kaur but Harjeet Kaur Bawa and further that she was not served with notice of demand calling upon her to pay amount due in respect..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Ground of delay - Proper charge sheet was filed after more than 20 years from commission of offence - During this period, prosecution was responsible for seeking adjournments from Court for filing of charge-sheet - Accused has already been exonerated in relation to major charges by Addl...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 504 & 506 IPC and Ss.3/4 Dowry Prohibition Act - Applicant Nos.3 to 6 are mother-in-law, unmarried sister-in-law, aunt (sister of father-in-law) - It is highly improbable that the applicants had accompanied..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Grievance about handwriting of cheque - No grievance in respect of signature on the cheque - No suggestion regarding said grievance preferred by accused at belated stage after recording statement of accused - Trial Court dismissed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant neither disclosed that demand notice was sent within 30 days of bouncing of cheque nor it has been disclosed that complaint was filed within 30 days of receipt of demand notice - Held, complainant could not comply..........
Protection of Women from Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 397(1), 401, 482 -- Magistrate exercising power under Protection of Women from Domestic Violence Act - Inferior to the Court of Sessions and High Court - Judgment of Sessions Court in appeal is revisable by High Court in exercise of its revisional jurisdiction -..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 4(1), 482 -- Dishonour of cheque - Quashing of proceedings - S.145 NI Act provides a procedure contrary to Cr.P.C for taking cognizance and trial of offences u/s 138 NI Act - It provides that for enquiry for taking cognizance, Court can take evidence through affidavits - Thus,..........
