Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days of service of notice cannot be treated as complaint in eyes of law and criminal proceedings initiated on such complaint is liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Taking cognizance of offence after expiry of 15 days as stipulated u/s 138(c) of the Act does not cure legal defect of premature complaint - Continuation of proceedings against accused `A1' and `A2' not legally sustainable - Proceedings u/s 138 of the Act quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint u/s 138 of the Act - Quashing of complaint and summoning order - Where Director of company is arraigned as accused, then, Magistrate shall before taking cognizance in complaint against Director has to satisfy himself not only about existence of prima facie case but..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant alleges that accused required the money for construction of residential house - However, there is no evidence on record to prove that accused was constructing any residential house or that she had paid any bills towards the purchase of..........
Electricity Act, 2003, Section 135 -- Theft of electricity - Limitation - Punishment provided exceeds one year but not exceeds three years - Period of limitation is three years - Complaint is not barred by limitation as same is filed within three years from the date of quashing of earlier proceedings with liberty to file a fresh complaint - Court rightly concluded that..........
Criminal Procedure Code, 1973, Section 482 - - Quashing of complaint/FIR - At the stage of quashing of complaint/FIR, Court is not to embark upon an enquiry as to probability, reliability or genuineness of allegations made therein...........
Indian Penal Code, 1860, Section 471, Criminal Procedure Code, 1973, Section 195 -- Forged Will - Non-compliance of provision of S.195 Cr.P.C. - Forged Will used by accused persons for getting their manes mutated in revenue records - No written complaint obtained from Revenue Court during course of investigation and even same was not produced during trial - There is no,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company drawer of cheque - Complaint found not maintainable against company - Managing Director or other persons working in different categories of the company or the persons who are in charge and responsible to the conduct of the company cannot be prosecuted further and convicted thereunder on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company drawer of cheque - Complaint against Managing Director or persons employed in different categories of the company is not maintainable without company, the drawer of cheque, in array as an accused...........
Civil and criminal proceedings -- Serious allegations made against accused - Just because allegations involve the factum of recovery of money it cannot be concluded that complaint is purely civil in nature when other serious allegations prima facie attract the penal provisions - Order quashing criminal proceedings set aside...........
