Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389, 482 -- Dishonour of cheque - Accused convicted and sentenced to six months and fine of Rs.1, 25, 000/- imposed and in default of payment of fine to further undergo simple imprisonment for 45 days - Suspension of sentence - Sentence suspended on condition of depositing amount of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 482 -- Dishonour of cheque - Recall of summoning order - Magistrate cannot recall the summoning order - The only course available to an aggrieved person is to challenge the summoning order by filing a petition u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Publication of libelous matter in newspaper - Prosecution of Editor-i, Chief - Quashing of - Petitioner was impleaded as an accused merely on ground of his being "Editor-i, Chief of "Dainik Tribune" without any other averment in complaint that he controlled selection of the matter that was published in news item - Held,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - It can be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice in the categories of cases viz. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do..........
Criminal Procedure Code, 1973, Section 482, Securities and Exchange Board of India Act, 1992, Section 27 -- Quashing of complaint - Complaint filed by SEBI against petitioners plantation company for offences u/ss 11-B, 12(1-B), r/w S.24 of Act - Averments in complaint to effect that persons named in complaint are i, charge of affairs of company and responsible for conduct..........
Air (Prevention and Control of Pollution) Act, 1981, Section 54, 16, Criminal Procedure Code, 1973, Section 133, 482 -- M.P.Noise Pollution Control Rules, R.2 - Proceeding for removal of nuisance - Quashing of - Additional Sessions Judge has referred to the report of Regional Officer of M.P.Pollution Control Board, Rewa, wherein it was indicated that noise level was more..........
Criminal Procedure Code, 1973, Section 482, Insecticide Act, 1968, Section 3(k)(i), 17, 18, 29, 33 -- Quashing of complaint - Sample of Endosulphan found not in conformity with ISI Specifications - Accused sought quashing of complaint alleging that offence was committed by firm and that he was not Incharge of the affairs of the firm - Quashing disallowed - Held, u/s 482..........
Indian Penal Code, 1860, Section 420, 424, U P Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Quashing - High Court dismissed the petition for quashing on the basis of ratio of decision passed by that Court - Held, that ratio of that case did not apply to the facts and circumstances of the present..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Inherent power - Exercise of - Inherent power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases - High Court will not be justified in embarking upon an inquiry as to the reliability or genuineness or otherwise..........
Insecticides Act, 1968, Section 29(1)(a), 24(3), Criminal Procedure Code, 1973, Section 482 -- Selling of mis-branded pesticide - Quashing of complaint - Petitioner/accused requested insecticide Inspector for sending sample for retesting from Central Laboratory within stipulated time - No effective steps taken by Inspector to obtain said report before expiry of period of..........
