Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings cannot be quashed merely for the reason that arbitration proceedings are pending - There can be no bar to the simultaneous continuance of a criminal proceeding and a civil proceeding if the two arise from separate cause of action - Order of High..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Sanction - High Court in exercise of its power u/s 482 Cr.P.C. is not to assess the sanction order as if it were sitting in appeal or revision for a sanction to be valid...........
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), 3(b), Criminal Procedure Code, 1973, Section 482 -- Manufacturing, selling and storing of a drug which falls within definition of S.3(b) of the Act without a manufacturing licence - Application for licence filed - Mere filing application for licence does not entitle accused to manufacture and or sell the concerned..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing - Lodging of FIR after initiation of proceedings u/s 12 of Hindu Marriage Act - FIR cannot be said to be maliciously lodged only on this ground - Both proceedings are independent...........
Electricity Act, 1910, Section 39, Indian Penal Code, 1860, Section 379, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Penalty imposed for tampering with seals of electricity meter - Penalty amount deposited - FIR lodged for theft of electricity - FIR quashed - As penalty has already been deposited thus continuance of criminal proceedings is nothing but..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 447, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of SCST Act and u/ss 447, 427, 506 IPC - Allegation that appellant abused complainant in the name of their caste - No allegation that appellant was not a member of SC & ST..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of complaint - Service of notice by registered post - Once notice is dispatched, complainant`s part is over, complying with conditions mentioned u/s.138(b) of the Act - Complaint cannot be quashed...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Delay of 6 years in investigation - Not a ground to quash FIR - Accused whether has been deprived of fair trial on account of protracted investigation has to come on facts - Accused has also to establish that he had no role in the delay...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- FIR lodged u/s 3(1)(x) of SCST Act - Quashing - Charge sheet filed and charge framed - Held, that at this sage Court is to see if a criminal offence prima facie is made out from the allegations made in FIR - Correctness of the..........
Criminal Procedure Code, 1973, Section 482, 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18 -- Accused convicted in two separate cases under NDPS Act - Accused filing petition u/s 482 seeking direction for concurrent running of sentences of two cases - Held, petition not maintainable before High Court - It is only the trial court, the appellate..........
