Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 420 & 120B IPC, Ss.13(2) & 13(1)(d) of Prevention of Corruption Act - Coal allotted by B.C.C.L under linkage quota for conversion from coal to hard coke but part of allotted coal sold in black market - CBI found the shortage of coal purchased under FSA and have also found the fact relating to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Allegations in the complaint have to be accepted on the face of it and the truth or falsity cannot be entered into at this stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Power to quash proceedings at initial stage has to be exercised sparingly, with circumspection and in rarest of rare cases...........
Criminal Procedure Code, 1973, Section 482 -- T.N. Gambling Act, 1930, Ss.3, 8, 9 - Gambling - Quashing of proceedings - Accused, president of club, alleged to have permitted gambling in club - Nothing on record to show that on date of occurrence accused held post of President - Except ten police constables as witnesses and mahazar witnesses, there is no independent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cognizance of offence - Territorial jurisdiction - Transaction between parties took place at Punjab and notice issued from Jodhpur - Except issuance of notice of demand from Jodhpur, no other part of cause of action occurred at Jodhpur..........
Wild Life (Protection) Act, 1972, Section 51, 51(1A), 57, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Illegal transportation of prohibited item - Investigation revealed that accused had actual knowledge about transportation of prohibited item as he came forward to collect said items - Co-accused being driver of vehicle and in view of legal..........
Criminal Procedure Code, 1973, Section 482, Plantations Labour Act, 1951, Section 36, 18, 2(e), Plantation (Welfare Officers) Assam Rules, 1977, Rule 3(2) - - Quashing of proceedings - Petitioner/accused is one of the director of tea estate - Proceedings initiated against petitioner for not appointing second welfare officer as per S.18 despite the fact that garden had more..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of summons - Plea that cheques were given as security and not in discharge of any legal liability - Held, since defence of petitioners was not before Court at the time of issuing of summons as such Court had no occasion to look into same..........
Criminal Procedure Code, 1973, Section 245, 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused filing application u/s 245 Cr.P.C. before trial Court - Accused also filing petition u/s 482 Cr.P.C. in High Court but concealing fact of filing application u/s 245 Cr.P.C. in the trial Court - It is not concealment of material fact - An..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Parties amicably settled their dispute - Cheque amount paid - Complainant has no objection if complaint in question is quashed - Complaint and all consequential proceedings quashed...........
