Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Absence of complainant from proceedings was not willful or intentional but due to justifiable reason - Moreover, proceedings were pending for securing presence of accused - Even, Magistrate neither examined nor..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Delay - Upon death, doctor sent a ruqqa to police post without any delay and incharge Police Post also conveyed message to police station within one hour - Delay in FIR fully explained and not fatal to prosecution case - Held, for relatives utmost priority was to save life of minor girl who was brutally injured with knife..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - High Court should not ordinarily embark upon inquiry whether the evidence in question is reliable or nor or whether on a reasonable appreciation of it accusation would not be sustained, are the functions of trial judge to do so - High Court must be careful to see that its decision in exercise of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint and summons - Complainant company is located at Chandigarh and material was supplied from Chandigarh - As per clause in agreement both parties had agreed that all legal disputes would be subjected to jurisdiction of Chandigarh/Delhi Courts - Held, Court of Chandigarh has jurisdiction to try and entertain..........
Criminal Procedure Code, 1973, Section 482, Indian Forest Act, 1927, Section 67 -- Quashing of complaint - Compensatory afforestation already been undertaken by concessionaire - Present petitioners are merely employees of concessionaire and subsequently permission was duly granted - Action of respondent in not arraigning either the officials of NHAI or principals of..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Complaint u/s 138 of the Act - Offence by company - Accused was Director of company - He has resigned from directorship of company in year 2006 i.e. before bouncing of cheque - However, accused was signatory to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Mere bald statement that Director was incharge of and was responsible to company for conduct of its business is not sufficient to hold person guilty...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Order - Summoning order has been passed without complying with mandatory provisions of Issuing of process - Held, Order liable to be quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Criminal Complaint - Mandatory provisions for issuance of process has not been complied with - Sufficient for quashing of Criminal Complaint...........
Criminal Procedure Code, 1973, Section 482, 202, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Issue of process has not been issued - Held, for holding an inquiry for the offence u/s 138 of NI act issuance of summons is not attracted...........
