Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 - - Dishonour of cheque - Territorial jurisdiction - Quashing of complaint - Statutory notice was sent from Delhi - None of the other events, which could lead to even a prima facie view that offence was committed, took place within territorial jurisdiction of court at Delhi - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Even a prima facie case is not made out against petitioner bank - Held, insofar as petitioner bank is concerned, it will stand discharged in complaint case...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Plea that very little progress has been made in complaint case and that more than 11 years have passed - Petitioner himself is a senior citizen and pendency of criminal complaint for a long number of years constitutes a harassment - Held, learned MM directed to complete trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Presumption as to guilt - Rebuttal of - Held, court taking cognizance of complaint u/s 138 of the Act is required to be satisfied as to whether a prima facie case is made out under said provision - Drawer of cheque undoubtedly gets an opportunity u/s 139 of..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Criminal Proceedings - Quashing of - Held, power of quashing criminal proceedings has to be exercised very sparingly and with circumspection and that too in rarest of rare cases and court cannot be justified in embarking upon an enquiry as to reliability or genuineness or otherwise of allegations made in FIR..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Petitioner arrayed as a party on account of some misunderstanding - Complainant having no objection if complaint against petitioner is quashed - Complaint qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Juvenile - As soon as claim of juvenility is made before any court it should according to the provisions of S.7-A of the Act, determine age of juvenile and should forward him to Board for passing appropriate order - If petition for bail was rejected by Board, appeal should have been filed before Sessions Judge and..........
Constitution of India, 1950, Article 226, 227, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Extraordinary jurisdiction - Exercise thereof - Held, to quash an FIR or criminal proceedings, ordinarily a writ petition u/Art. 226 would not lie - In appropriate cases, however, there cannot be sustainable objection for High Court treating a petition..........
Criminal Procedure Code, 1973, Section 482 -- Maintainability of petition u/s 482 Cr.P.C. as alternative remedy of filing revision petition u/s 397 Cr.P.C. available - Summoning of petitioner by Magistrate under Prevention of Food Adulteration Act - Petition u/s 482 Cr.P.C. dismissed by High Court holding that petitioner had a remedy of filing revision under 397 Cr.P.C.-..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Summoning order quashed on the premise that the case might have been filed by the complainant to pressurize the petitioners before the High Court not to proceed with the case which was lodged u/ss 304-B, 201/34 r/w S.3 and 4 of Dowry Prohibition Act - Conclusions appears to be based on..........
