Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Absconder/proclaimed offender in terms of S.82 Cr.P.C is not entitled to relief of anticipatory bail...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 82, 83 -- Dishonour of cheque - Proclaimed offender - Quashing of proceedings - Parties compromised and complaint u/s 138 NI Act withdrawn by complainant - FIR along with all consequential proceedings quashed...........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Declaration of accused as absconder without compliance of mandate of Ss.82, 83 Cr.P.C is illegal...........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Accused was declared absconder without proclamation u/s 82 Cr.P.C - No process of warrant of arrest was ever reported to be served against accused nor any summon was ever served upon accused - Refusal of prayer of accused u/s 70(2) Cr.P.C suffers from non-application of judicial mind and is not..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Grant of 26 days period to appear from the date of proclamation actually effected - Clear period of 30 days not afforded - Order of proclamation set aside...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Accused declared proclaimed offender during proceedings u/s 138 NI Act - Parties compromised and complaint u/s 138 NI Act withdrawn - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR and all subsequent proceedings arising therefrom quashed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender - Accused who was not only declared proclaimed offender u/s 82 Cr.P.C, but proclamation of attachment of property was also issued u/s 83 Cr.P.C, he thus, not entitled for anticipatory bail...........
