Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint and proceedings - Matrimonial dispute - Petitioner and first respondent submit that their marriage has been dissolved by a decree of divorce and they are living separately - First respondent submits that she has no issues and she is not interested in prosecuting the case - Held, in the circumstances, even..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter case - Quashing of proceedings - Issuance of cheque by "V" for supply of products - Cheque was handed over to complainant by "S" on behalf of accused being his business associate - After 8 days of issuance of demand notice "V" moved an application u/s..........
Indian Penal Code, 1860, Section 406, 498A,506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498-A, 506 IPC - Statement of CW-4 regarding payment of cash amount by accused, maltreatment, harassment, physical and mental torture suffered by her at the hands of accused - Held, trial Court has considered and appreciated each and every aspect of the matter..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Petitioner is facing trial for the last 11 years - Respondents are least bothered to pursue the matter - It seems that respondents are not interested to led any evidence even before pre-charge stage - They only want to harass petitioner - Held, since the matter is listed on 19.04.2012 before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint sought on the ground that cheque book and passbook got lost, after death of petitioner's husband and respondent misused the same - Held, plea is factual in nature and cannot be examined by High Court in its jurisdiction u/s 482 of CrPC -..........
Criminal Procedure Code, 1973, Section 196(1), 482, Indian Penal Code, 1860, Section 295A -- Want of sanction for prosecution - Quashing of complaint - Criminal complaint filed u/s 295-A IPC - High Court has already quashed proceedings against co-accused on the ground of failure to obtain sanction for prosecution - Case of present petitioner is identical - Held, since..........
Criminal Procedure Code, 1973, Section 320(9), 482, Indian Penal Code, 1860, Section 386, 387, 451, 506, 120B -- Compounding of offence - Quashing of criminal proceedings - Complainant, in his counter has, in an unambiguous language as well as in precise and clear terms, stated that they have resolved their disputes amicably and reduced terms of agreement into writing - He..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 20 - - Possession of assets disproportionate to known sources of income - Framing of charge - Quashing of - Held, while exercising power u/s 482 Cr.P.C., scope of interference is very limited - High Court will not delve into the..........
Criminal Procedure Code, 1973, Section 482 - - Transfer of case for investigation - Theft of 23 metric tones of TMT bars from lorry valued at Rs.9,86,000/- - Complaint disclosed that owners and drivers of vehicle were hand in glove with organized criminals and inter-State gangs, who were engaged in committing theft of steel materials belonging to petitioner's-company -..........
