Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Quashing of complainant sought on the ground that dishonoured cheque was a part of the claim in arbitration proceedings and hence controversy was civil in nature - Held, it would not per se prevent criminal Court to independently..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant filed private complaint u/s.200 Cr.P.C. for offences u/s.120(B) & 420 IPC r/w S.138 of N.I. Act against husband of petitioner as A1 and petitioner as A2 - Statutory notice was issued for offence u/s.138 of N.I. Act -..........
Indian Penal Code, 1860, Section 498A, 406, 323, 120B, Dowry Prohibition Act, 1961, Section 3, Criminal Procedure Code, 1973, Section 177, 482 -- Dowry demand - Wife forced to leave matrimonial home and she came to her parental home where she received threatening telephone calls - Court at the place of parental house has jurisdiction - No ground to quash FIR...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Quashing of order - Accused allegedly tortured victim on account of non-fulfillment of dowry demand - Magistrate, having found prima facie case against accused, took cognizance u/s 498-A Indian Penal Code, vide impugned order - Held, impugned order of Magistrate cannot be sustained under..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Petition u/s.482 Cr.P.C. for quashing of complaint and summoning order - Respondent stated that he will withdraw complaint pending in trial Court - Held, petition rendered infructuous - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 27 -- Quashing of order - Cognizance of offence and issuance of summons - Offence u/ss 302, 307, 147, 148, 149 IPC and S.27 Arms Act - Post-mortem report shows that death had occurred due to the reason that the deceased had received fire arm injury..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Exercise of power by High Court - Held, proceedings u/s 138 of NI Act are summary in nature - Accused has to disclose to Court of MM his defence - Court of MM is competent enough to decide whether accused is liable to be convicted u/s..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Petitioners alleged to have physically evicted complainant-encroacher from temple premises pursuant to order for eviction - Held, taking steps for physically evicting respondent is not an offence since it is in accordance with provisions of the Endowments Act - Further, there is a..........
Criminal Procedure Code, 1973, Section 482, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, Indian Penal Code, 1860, Section 467, 420 -- Quashing of order sought vide which cognizance of offence taken u/s 21 of MMDR Act, 1957 and u/s 420 and 467 of IPC - Allegations that challan earlier issued by Mining Department for transportation of iron ore were..........
Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 15, Criminal Procedure Code, 1973, Section 482 -- FIR lodged for the offences indictable u/s 3, 4 and 5 of Act of 1956 - Charge sheet filed and charges framed - Petition for quashing of FIR filed on the ground that search procedure was not followed as envisaged u/s 15 of the Act - Petition dismissed - Held, whether..........
