Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Allegations against accused are of defrauding State - Matter cannot be settled between two private individuals i.e accused and complainant - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations with regard to inducement are only qua co-accused - There was no transaction of any nature directly between present accused and complainant - Only allegation against accused is that co-accused executed GPA in favour of complainant in respect of..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(i)(x) -- Anticipatory bail - Offence u/s 3(i)(x) of SC/ST Act - Specific allegations made against accused are not sufficient to show a prima facie case for offences alleged particularly under the provisions of SC/ST Act - It cannot be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - It is not the case of complainant that appellant is either Managing Director or Joint Managing Director of Company -..........
Negotiable Instruments Act, 1881, Section 143A -- Interim compensation - Broad parameters for exercising the discretion u/s 143-A of the Act are as follows: (i) Court will have to prima facie evaluate the merits of the case and merits of the defence; (ii) Financial distress of accused can also be a consideration; (iii) A direction to pay interim compensation can be issued,..........
Criminal trial -- Compromise - Dispute primarily of civil in nature - Additional amount paid by accused as per settlement - Plea by complainant that he was coerced into the settlement - Plea of coerced looks unlikely for two reasons - First there is no FIR or complaint that complainant was coerced into the settlement and secondly additional amount was duly accepted by..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Petition u/s 482 Cr.P.C. seeking direction to respondent Nos.1 to 3 for registration of FIR - Held, (i) In the first instance complainant to approach Illaqa Magistrate for issuance of direction for registration of FIR, monitoring of investigation in FIR as also other prayers of akin nature; (ii) An Illaqa/Jurisdictional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Proof - Friendly loan advanced in the presence of one `S' who is not examined as a witness - It does not appeal to prudence that complainant who was a teacher, drawing a salary of Rs.17,000/- per month would have advanced a friendly loan of Rs.Two lakhs, without any receipt or even..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Earlier application for expert opinion was dismissed, as accused failed to cross-examine complainant - Now cross-examination is conducted, which is change in circumstances - However, trial Court while rejecting the present petition not considered the said..........
