Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint by Company - When issue of proper authorization to file complaint on behalf of company and having knowledge of the transaction between parties can only be an issue of trial, petition u/s 482 Cr.P.C to quash order taking cognizance cannot be..........
Criminal Procedure Code, 1973, Section 156(3), 197, 195, 340 -- Application u/s 156(3) Cr.P.C - Non compliance of Court orders by Revenue Authorities - Lower Court rightly held that without sanction Court cannot take cognizance and that complaint is also barred u/s 195 Cr.P.C. because the proceedings could be initiated after enquiry u/s 340 Cr.P.C. by lodging the complaint..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Indefeasible right of an accused to seek statutory bail u/s 167(2) Cr.P.C. arises only if charge sheet is not filed before expiry of statutory period - Accused cannot demand release on default bail on the ground that cognizance has not been taken before the expiry of 60 days...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Accused being Assistant Jailer used to accept illegal gratification from family members of prisoners and if any family member of prisoner refused to pay the bribe, he used to treat them rudely - Call data record and conversion made between accused and other accused persons clearly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority signed the draft order or copying the same under his signatures, which frustrate the mandate of provision of S.19 of the Act - It is enjoined upon competent authority to apply its mind instead of towing the line with investigating agency mechanically - Even, otherwise, when..........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 427 -- Sanction for prosecution - Quashing of proceedings - Offence u/s 427 IPC - Magistrate illegally taken cognizance of offence summoning accused u/s 427 IPC, which is ex facie bad for want of sanction - Summoning order and complaint quashed for want of sanction...........
Succession Act, 1925, Section 388(2), 384, 372 -- Succession certificate - Appeal - Once jurisdiction to take cognizance and to decide a petition for grant of succession certificate is invested by State Government in a Court inferior in grade to District Judge, by virtue of S.388(2) Proviso of the Act, it is District Judge alone who is competent to entertain and decide..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Quashing of criminal proceedings - Application for - Allegations of illegal export of iron ore - Appellant challenging order of cognizance of offence under MMDR Act after lapse of 2 years without giving reason to explain inordinate delay..........
