Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted as one of the ingredients that cheque must have been issued on an account maintained by him not fulfilled - Complaint quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- An offence under the provision of S.3(1)(x) of SCST Act is committed when the person committing the offence has intention to abuse and knowledge that the person so abused belongs to the scheduled case/scheduled tribes - When not even a..........
Insecticides Act, 1968, Section 29, Criminal Procedure Code, 1973, Section 482 -- Sample of insecticide - Drawn from sealed container - Found misbranded after analysis - It is the manufacturer and not the licensee who is liable - Continuation of criminal proceedings against Licensed Dealer an abuse of the process of Court - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A against husband - Quashing of complaint sought on the ground that marriage of parties is void as wife's previous marriage was subsisting at the time of her marriage with the petitioner - Petition for nullity of marriage pending in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - As per averments in complaint, statutory notice and examination of complainant, cheque was issued by petitioners in discharge of alleged debt or liability - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Account not maintained by accused - Held, to attract an offence u/s 138 of the Negotiable Instruments Act it is mandatory that cheque should be issued by accused in account maintained by him...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Partnership firm - Specific averments in complaint reveal that they looked after day to day affairs of the firm - Plea that petitioner was not a partner in firm - Such fact is to be established at trial - Documents of petitioner..........
Criminal Procedure Code, 1973, Section 320, 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 -- Non compoundable offence - Of the seven accused, complainant entered into compromise with one accused - Proceedings qua one accused quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8C, 9A, 25A, 29, 22, 30, Criminal Procedure Code, 1973, Section 482 -- Charge framed u/ss 8-C, 9A, 25-A, 29 and 30 NDPS Act - Quashing of complaint - Once charge is framed and trial is in progress, High Court will hesitate to cause interference...........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 54, 59 -- FIR registered u/ss 25, 54 & 59 Arms Act for possessing unlicensed rifle - FIR quashed as almost 27 years have elapsed from the registration of case and State had recommended cancellation report...........
