Criminal Procedure Code, 1973, Section 482, 190 -- Sanction for prosecution - Plea of no, application of mind by sanctioning authority - Quashing of proceedings sought - Held, at initial stage of a criminal case, that too, at the time of cognizance, this point cannot properly be examined and decided by High Court, that too, while exercising its inherent jurisdiction u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Plea that petitioner is not the signatory of cheque - Held, this is a question of fact which is required to be examined by trial Court after recording evidence of parties - High Court in its jurisdiction u/s 482 of CrPC cannot examine..........
Criminal Procedure Code, 1973, Section 320,482, Constitution of India, 1950, Article 142 -- Non compoundable offence - Parties entering into compromise - It would be open to SC to exercise its extraordinary powers u/art 142 of Constitution to quash the proceedings, continuance whereof would only amount to abuse of process of Court...........
Criminal Procedure Code, 1973, Section 482 -- Inherent Powers of High Court - Exercise of - Held, powers u/s 482 Cr.P.C. are wide in amplitude but same cannot be exercised for evidence determining questions of disputed facts - While exercising power u/s 482 Cr.P.C., High court cannot examine documentary and oral evidence which may have to be led by petitioner before trial..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Summoning order - Quashing of - Petitioners are married sisters of husband of deceased - They were married even before marriage of their brother and living separately - No specific allegations against petitioners - Held, summoning order liable to be quashed - Petition..........
Negotiable Instruments Act, 1881, Section 138, 141, Indian Penal Code, 1860, Section 420, 406, 120B, 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of proceedings - Proceedings initiated against applicant u/s.138 of NI Act already quashed - Complaint registered for offences punishable u/s.420, 406, 120B r/w S.114 IPC arose out..........
Indian Penal Code, 1860, Section 292(2), Criminal Procedure Code, 1973, Section 482 -- Obscenity - Allegations imputed that in room where sexual activity carried on by accused was videographed and cassettes containing obscene objects were seized - Contention that by mere recovery of cassettes containing obscene material, no offence u/s 292(2) would lie - Contention..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Arbitration proceedings - Quashing of complaint - Bouncing of cheques issued against license fees - Finding of arbitrator in relation to the very same issue which is the basis of complaint u/s.138 N.I. Act is that respondent/complainant was not entitled to..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque in question was given for existing debt and for future liability with interest - When subsequently particulars were filled in, it cannot be said that at the time when cheque was deposited there was no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Applicability of S.138 of NI Act - Petitioner is not the drawer of cheque which is said to be dishonoured - Held, provision of S.138 of NI Act would be applicable to person who issues cheque for payment of money to another person and cheque is returned by..........
