Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings should not be quashed when parties are at variance over a question of fact as it would result in injustice to complainant - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - New plea raising a pure question of law can be raised at any stage and a plea relating to jurisdiction of Court can also be raised at any stage - Therefore same can be raised at the stage of entertaining application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C - Maintainability - Filing of revision petition before Sessions Court not bars High Court from entertaining an application u/s 482 Cr.P.C invoking inherent jurisdiction for limited purpose of looking at it as to whether there has been miscarriage of justice or that ends of justice would be secured by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
Criminal Procedure Code, 1973, Section 482 -- Second petition for quashing - Present petition for quashing filed after 7 years after judgment of acquittal of co-accused - Even otherwise mere acquittal of co-accused would not be a ground to quash proceedings - Petitioner is a resident of Canada and would have to come back to face trial as had been undertaken by him but..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Averments and allegations made in the complaint do not constitute offence u/s 420 IPC - Ingredients for offence of cheating are not at all satisfied - Proceedings quashed...........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii)(1), 6, Criminal Procedure Code, 1973, Section 482 -- Sexual assault - Quashing of proceedings - Victim and accused are now staying together as husband and wife - They decided to amicably settle the matter - However, victim was 13 years old at the time of incident - Narration of incident by victim does..........
Indian Penal Code, 1860, Section 420, 441, 447, 427, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute regarding title over property in question - It is for civil Court to decide who has title over said property - Police cannot decide rightful owner when two parties are claiming ownership tracing back to very same vendor/seller of property - Case..........
Criminal Procedure Code, 1973, Section 156, 482 -- Investigation - Direction to investigate in printed or written form and questionnaire be handed over to accused - There is no warrant for High Court to direct that investigation of a person who has been interrogated as a suspect in the conspiracy should be in printed or written form - Similarly it is inappropriate for High..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
