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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused alleged that a blank cheque was issued by way of security - Complaint filed at a place where neither agreement executed nor cheque issued - Held, continuation of proceedings would be an abuse of process - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 420, Negotiable Instruments Act, 1881, Section 138 -- Prosecution allegation that petitioner in connivance with co-accused prepared fake cheque with an intention to cheat complainant - FIR lodged u/ss 379, 420 IPC - Complainant member of Co-operative Society and was issued a cheque book which..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Failure to discharge contractual obligation - FIR lodged u/ss 420 & 406 IPC - No allegation that accused practiced fraud or have dishonestly induced OSIC to provide financial assistance and thereby OSIC disbursed loan - To deceive is to induce a man to believe that a thing is true..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Sought on ground that it was admittedly barred by time and delay was condoned without issuing notice to accused/petitioner - Held, impugned order liable to be set aside - Magistrate shall give an opportunity to accused/petitioner before..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Scope and ambit - Inherent jurisdiction can be exercised in three circumstances viz. (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; and (iii) to otherwise secure the ends of justice - Power possessed by High Court is very wide but the same has to be exercised..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Scope and ambit - Inherent jurisdiction can be exercised in three circumstances viz. (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; and (iii) to otherwise secure the ends of justice - Power possessed by High Court is very wide but the same has to be exercised..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Quashing of FIR - Accused acquitted on ground of alibi as he was admitted in hospital as he suffered injuries when he was on his way to Hanumangarh - Present FIR lodged against petitioners on allegations that they produced false certificate qua admission of..........
