Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - There is no specific, clear and unambiguous allegations as to how and in what manner petitioner was responsible for conduct of business - No specific role assigned to petitioner in respect of..........
Criminal Procedure Code, 1973, Section 482 -- Power of High Court u/s 482 Cr.P.C. - Scope of - Held, inherent powers vested in High Court u/s 482 of the Code are very wide - Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised sparingly with circumspection..........
Criminal Procedure Code, 1973, Section 227, 228, 401, 239, Indian Penal Code, 1860, Section 498A, 323, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Framing of charge - Duty of Court - Held, prosecution has to make out only prima facie case on the basis of material produced before Court by prosecution - Evidence which defence produces in Court at that stage should not..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Prosecution of employee and directors - No specific averment attributing specific role describing the manner as to how petitioners were i, charge and responsible to the conduct of business affairs of company -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - From material on record and looking into facts of case it cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed questions of fact which cannot be adjudicated upon by High Court..........
Criminal Procedure Code, 1973, Section 144 - - Fast unto death by Baba Ramdev and his supporters at Ramlila Maidan - Invocation of provisions of S.144 Cr.P.C. - Forcible eviction and dispersion of persons by Police at midnight by use of tear gas, water cannons and finally lathi charge - Legality of - Held, action demonstrates the might of State and was an assault on the..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Criminal proceedings - Quashing of - Delayed investigation - Matter involves siphoning of Rs.46,00,000/- of public funds - Number of accused and voluminous documents - Large number of witnesses put up by prosecution - Investigation was unduly prolonged for more than 9 years - However,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439 -- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was..........
Criminal Procedure Code, 1973, Section 256 -- Warrant case - Dismissal of complaint for default - Acquittal - Validity - Held, there is no provision in Cr.P.C. permitting acquittal of accused persons on account of absence of complainant in warrant case - Moreover, before the stage of framing of charge, any termination of proceedings can never amount to an acquittal -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Parameters for grant of bail are tampering with evidence or investigation and absconsion - Tampering with evidence or investigation no longer relevant as charge sheet already filed - Possibility of absconsion is remote of a sitting MLA - Bail granted...........
