Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - As per averments in complaint, statutory notice and examination of complainant, cheque was issued by petitioners in discharge of alleged debt or liability - Complaint cannot be quashed...........
Criminal Procedure Code, 1973, Section 468 -- More than one offence - Joint trial - Limitation - Held, in view of S.468(3) Cr.P.C. cognizance of an offence can be taken by Magistrate taking into consideration that it is a case of joint trial then limitation prescribed for offence which is punishable with highest punishment has to be considered - Question of limitation is..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Partnership firm - Specific averments in complaint reveal that they looked after day to day affairs of the firm - Plea that petitioner was not a partner in firm - Such fact is to be established at trial - Documents of petitioner..........
Medical negligence -- Surgical operation - Laminectomy - Death of the patient aged 21 years after 25 days - Cause of death certified as 'cerebral Hypoxia following Cardiac Arrest, leading to brain death and ultimately, multiple organ failure' - Hospital not made party - Medical records of hospital running into 200 pages though available with complainant not brought on..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Not a signatory to the cheque - To fasten the liability on the Director of a Company for offence u/s 138 of the Act, it is necessary to see the averments contained in the complaint qua that director...........
Criminal Procedure Code, 1973, Section 177 -- Territorial jurisdiction - Territorial jurisdiction of a court with regard to criminal offence is to be decided on the basis of place of occurrence of the incident and not on the basis of where the complaint was filed and the mere fact that FIR was registered in a particular State is not the sole criterion to decide that no..........
Medical negligence -- Surgery for cure of sensory loss and numbness in left arm and left side of chest of complainant - appellant - Allegation that operation was done negligently and instead of any relief some other complications arose including paralysis - Medical Board constituted by AIIMS on direction of National Commission given findings that the complainant was..........
Plot allotment -- Under policy of allotment of plots to oustees - No averments in the complaint that the plots were available and floated and the claim of the oustees had been invited - The entitlement of the claimant for allotment of plots could be considered when the Sector is floated and applications are invited for allotment from oustees who have the prior right - Held..........
Electricity Act, 1910, Section 39(1), 44(1)(c) -- Theft of electricity by company - Prosecution of directors of company - There should be requisite averments in the complaint and also it is to be proved that the Directors prosecuted were incharge of and otherwise responsible for the conduct or the affairs of the Company - Only on proof that such Director or Director were..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Issue of process - Magistrate must be satisfied before issue of process that the complaint contains requisite averments and also that such averments, on the face of it, supported by sufficient material collected in the enquiry u/ss 200 & 202..........
