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..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Cheating - Quashing of complaint - From testimony of complainant and that of bank official it is prima facie seen that though petitioner was not partner of firm, but he had so represented and executed receipts and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Validity - Cheque was drawn on 23.11.2002 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 23.05.2003 i.e. one day after expiry..........
Constitution of India, 1950, Article 32,20(3),21,226, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482,483, Indian Penal Code, 1860, Section 420,468,471 -- Criminal complaint filed against respondent No.2 by petitioner u/s 138 NI Act - Contention on behalf of petitioner that his cross-examination at behest of respondent No.2 is..........
Criminal Procedure Code, 1973, Section 482 -- Criminal trial - Investigation - Accused obtained order from High Court that investigation be monitored by Superintendent of Police - Thereafter, accused approached State Govt. and procured order that investigation be conducted by an officer outside Kota City - Accused again approached High Court with a prayer that matter be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Non-compoundable offence - Quashing sought on the basis of compromise entered into between the parties - Held, FIR quashed - Petition allowed...........
Criminal Procedure Code, 1973, Section 204,482 -- Issue of process - Reasoned order not passed - Summoning order requires no explicit reason to be stated because it is imperative that Magistrate must have taken notice of the accusations and applied his mind to the allegations made in the police report and the materials filed therewith...........
Clean hands, Criminal Procedure Code, 1973, Section 482 -- Repeated quashing petitions filed - But such information concealed, suppressed and withheld from Court so as to get favourable orders - Held, it is glaring abuse of the process of law at the hands of the petitioner and it must fail...........
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B - - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant has..........
