Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cognizance taken on the basis of affidavits - Plea that order taking cognizance on the basis of affidavits alone is improper and illegal and that it is mandatory to record statement of complainant as well as witnesses before taking cognizance - Held,..........
Insecticides Act, 1968, Section 33, 29, Criminal Procedure Code, 1973, Section 482 -- Company - Director - It is imperative to specifically aver in the complaint that the accused was in charge of and was responsible for the conduct of business of the company - In absence of clear averments specifically incorporated in the complaint, respondent cannot be compelled to face..........
Indian Penal Code, 1860, Section 188, 268, Electricity Act, 2003, Section 135, 151, Criminal Procedure Code, 1973, Section 195, 482 -- Charge sheet filed u/ss 188 & 268 IPC and S.135 of Electricity Act - Offence u/s 135 Electricity Act is cognizable offence as provided u/s 151-A read with S.151-B of Electricity Act - Because of applicability of S.195 Cr.P.C. a valid..........
Criminal Procedure Code, 1973, Section 262, 263, 264, 326(3), 482, Negotiable Instruments Act, 1881, Section 143 -- Offence of dishonour of cheque - Magistrate recorded evidence and transferred matter to another Magistrate - Complainant contended that case is summary criminal case and as such it was not open for transferee Magistrate to consider evidence recorded by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
Indian Penal Code, 1860, Section 420, 34, 406, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 5, 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 420, 34, 406, 120-B IPC and Ss.5, 6 Prize Chits and Money Circulation Scheme (Banning) Act - Petition to quash FIR and proceedings - FIR indicates a dispute between the complainant and..........
Criminal Procedure Code, 1973, Section 482, 472, Andhra Pradesh (Agriculture Produce and Live Stock) Markets Act, 1966, Section 23(1), 7 -- Complaint filed against petitioner for offence indictable u/s 23 of the Act of 1966 on the allegations that petitioner, wholesale dealer in notified agricultural produce failed to pay license fee as required u/s 7 of Act of 1966..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Application for quashing of proceedings u/ss 498-A, 323, 506 of IPC and 3/4 of Dowry Prohibition Act - Whether there was any demand for dowry or not is to be decided by trial court after taking evidence - Court in exercise of inherent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question of loss of cheque book - Held, this is a disputed question of fact which can be looked into by trial Court - It is not desirable on the part of High Court to form any opinion with incomplete evidence before it - Proceedings..........
Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 362, 482 -- Revision - Final order passed directing accused to deposit the amount of fine before Court below and if fine realised the same was payable to complainant - Amount of fine paid to complainant instead of depositing in Court - High Court directed the complainant to file an..........
