Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Ex. Director of Company arrayed as co-accused - Ex. Direction filed petition for quashing of proceedings - Petitioner had no connection with the company at the time of issuance of cheque and when it bounced - Petition allowed -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Criminal Procedure Code, 1973, Section 190, 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(viii), 3(1)(x) -- Criminal proceedings - Quashing of - There is no allegation against petitioner that he insulted or intimidated with intent to humiliate defacto-complainant who is a member of Scheduled Castes - Held, mere allegation..........
Criminal Procedure Code, 1973, Section 190, 482, Contract Labour (Regulation and Abolition) Act, 1970, Section 2(g), 23, 24 -- Violation of Rules - Complaint thereagainst - Quashing of - In the whole complaint there is no specific allegation against petitioners that they are the persons responsible for supervision and control of the establishment at Ranchi - Compliance of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 154, 482 -- Complaint u/s 3 SCST Act - Caste of accused - Not a requirement to mention the same in complaint - In case caste of accused is not mentioned in the FIR, the same is not a ground for either not registering the offence or for quashing such..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Fax (claimed to be the notice) has not been sent to accused company - Said notice does not say that petitioners must make payment of dishonoured cheque within a period of 15 days of receipt of said fax - It also does not say that in..........
Criminal Procedure Code, 1973, Section 482, Prevention of Food Adulteration Act, 1954, Section 13(2), 2(ix)(k) -- Quashing of proceedings - Sample of ghee - Report of public analyst found the sample to be adulterated - Sample also sent to Central Food Laboratory - As per the report of the CFL, sample was not found adulterated but misbranded - Accused contended that..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 498-A and S.4 Dowry Act initiated after seven months of husband going to USA - Wife filing divorce petition against husband and getting ex parte divorce - Wife remarrying thereafter - Complaint quashed as no reason given for delay in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of complaint - Unless respondent is able to show that on the date of commission of offence either of petitioners was in charge of affairs of SMALPL or responsible to it for conduct of its business, complaint against either of them..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Complainant's case that he has deposited certain amount with first accused Bank and second accused when contacted personally issued a cheque for discharge of amount - There is no case for complainant that it..........