Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Whether or not accused has repaid the entire amount, is a question which can only be decided on basis of evidence led before trial Court - Even, authorized person having due knowledge of factum of transaction of having witnessed the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 447, 379, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(G)(S), 3(2)(S)(A) -- Quashing of FIR - Compromise - Offence u/ss 427, 447, 379 IPC and Ss.3(G)(S), 3(2)(S)(A) of SC/ST Act - Dispute between parties has already been settled amicably - Complainant..........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Misappropriation of money - Quashing of charges - Allegation that amount of Rs.2,85,600 was withdrawn under joint signatures of petitioner and co-accused - Money was handed over to Ex Gram Pradhan by co-accused - Case of petitioner is at better footing than co-accused..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court should not embark upon an inquiry regarding reliability or genuineness of document as the same is the task to be undertaken by investigating agency...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 463, 464 -- Quashing of FIR - Forged document - FIR discloses commission of cognizable offence, which requires to be investigated - Meticulous appreciation of material is not required to be done at this stage - There is no ground for quashing FIR - Petition for quashing FIR dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Vicarious liability - As per material on record petitioner establishes that he had ceased to be director of company prior to issuance of cheques in question - Nothing on record to indicate that petitioner..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Allegation against director of Company - Quashing of complaint - Specific allegations were levelled against accused - It was averred that accused being a Director was in charge of financial decision making of company and he had agreed to guarantee repayment of all amounts payable by..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Main purpose of exercise of powers by Executive Magistrate u/s 145 Cr.P.C is to determine the possession of one of the party - Both the parties have made rival claims regarding their possession, hence, it is question of fact, which can be determined only after enquiry..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Vague and bald allegations against brother-in-law and mother-in-law - No specific allegations of their involvement for the offence alleged - Proceedings against them quashed...........
