Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Parties amicably settled their dispute - Cheque amount paid - Complainant has no objection if complaint in question is quashed - Complaint and all consequential proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, 4 -- Quashing of order - Offence u/ss 304, 307 & 34 IPC & Ss.3 & 4 of Explosive Act - Order taking cognizance - Prosecution report lodged for commission of offence u/s 72 C(1)(a) of Mines Act on account of contravention of provision of Mines Act as accident took place in which informant got injury and his brother lost his life -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Once it is established that it is partnership firm and cheque was issued by the managing partner of firm, arraying the firm as an accused is necessary...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 420 -- Quashing of proceedings - FIR lodged by opposite party No.2 against applicant an officiating principal on the basis of allegation that she misused the funds and ousting the applicant from the post of principal in collusion with committee of management of the institution - Dismissal of..........
Criminal Procedure Code, 1973, Section 482 -- Grave offences - Quashing of proceeding - Permissibility - Held, when prosecution relate to grave and serious offences involving mental depravity or moral turpitude including offences under Prevention of Corruption Act it would amount to grave miscarriage of justice and perversion of majesty of rule of law if such prosecutions..........
Information Technology Act, 2000, Section 65, 66, Criminal Procedure Code, 1973, Section 482 - - Tampering with computer source documents - Quashing of complaint - General allegation against petitioner being principal of school giving immoral education in school and also trained their students as perfect hackers - No direct allegation against petitioner that whether this..........
Criminal Procedure Code, 1973, Section 195, 482, Indian Penal Code, 1860, Section 180, 188, 417, 421 -- Quashing of FIR - Prosecution u/ss 180, 188, 417, 421 and 422 IPC - Held, in view of specific bar u/s 195 Cr.P.C. petitioner cannot be prosecuted, except by complaint in writing filed by public servant - Therefore, lodging of FIR is misuse and abuse of process of law -..........
Criminal Procedure Code, 1973, Section 482 -- Complaint filed by appellant, alleging that he had been kidnapped, illegally detained, terrorized and threatened by respondents - Investigation concluded and respondents charge-sheeted only for offences u/ss 323 and 343 of IPC - Application for pleading guilty filed by respondents - Trial Court proceeded in great haste and..........
Criminal Procedure Code, 1973, Section 482, 300 -- Offence u/ss 366, 302 & 34 IPC - Petitioner No.3 already been tried and convicted under the alleged offences - Subsequently on basis of complaint case for self-same occurrence his trial would amount to double jeopardy - So far as petitioner Nos.1 and 2 are concerned, since there is no prima facie material available on..........
Criminal Procedure Code, 1973, Section 438, 482 -- Inherent powers - Exercise of - Petitioner sought to expunge word `absconder' from charge-sheet - He was charged u/ss 381, 411 IPC for stealing away some valuable articles from godown of informant - Petitioner was under protective umbrella of S.438 by getting anticipatory bail - Non-communication of order granting bail to..........