Indian Penal Code, 1860, Section 406, 420, 120B -- Agreement to sell executed on 20.7.2006 - Subsequently another false agreement executed, purported to have been written on 4.4.2006, after purchasing stamp papers in the back date and by fabricating the documents and on the basis of such agreement sold the land on 19.12.2006, in order to defeat rights of complainant - Plea..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Summoning order - Quashing of - Cheques issued by petitioner/husband to respondent/his wife got dishonoured - Evidence on record shows that cheques in question were issued by petitioner/husband towards his moral and social responsibility - Though..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence of company - Vicarious liability of directors - Relevant date for - Held, at stage of summoning, relevant date to fasten "vicarious liability" on directors would be date of issue of cheques - Ingredients for bringing a person within ambit of S.141 of the Act are different from that of an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Cognizance of offence - Serious allegation made against complainant that he has made a statement on oath before Magistrate, Jaipur stating a different set of facts which, if considered ousts jurisdiction of Court at Hamirpur - Only a photocopy of statement has been placed on record - Petitioner..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Direction to expedite - Case has been hanging fire since year 2005 - Summoning order was issued on 07.08.2006 - For six years no action has been taken and case has not proceeded any further - Held, in these circumstances, a direction is issued to trial Court to conclude trial as expeditiously as..........
Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Summoning of accused - Legality - Party No.3 being a major girl, aged above 18 years of age, had left her parents' house on her own sweet will with revisionist No.1 and married him - Held, no offence is made out against revisionists u/ss 363, 366 IPC - The order taking cognizance and summoning order..........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 397,401 -- Defamation - Revision - Quashment of proceedings and summoning order - Accused Principal of College in which complainant was working as Instructor - Offending words are extracts of two complaints made by revisionist to higher superior officer, which were dispatched prior to filing of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Presentation of cheque beyond validity period - Cheque was drawn on 23rd November, 2002 and period of six months within which, it could be presented to bank on which it was drawn, expired on 22.05.2003 - However, cheque was presented by complainant on..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued..........
Criminal Procedure Code, 1973, Section 169, 319 -- Additional accused - Summoning of - Application was filed u/s 319 Cr.P.C mentioning therein that Five persons named in First Information Report, but even then police had not filed challan against them - No objection or application was raised before Magistrate concerned at the time of filing of challan requesting to take..........
