Criminal Procedure Code, 1973, Section 482 -- Death due to negligence - Quashing of FIR - Petitioner is proprietor of M/s. Tarun Electricals which carries on work of maintenance of electrical installations of BSES Yamuna Power Ltd. on annual maintenance contract basis - Deceased died on account of fall from an electric pole while he was performing his duties - Petitioner..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500 -- Defamation - Issuance of process - Validity - Complainant pleaded that averments contained in complaint filed by present petitioners against him u/s.138 of NI Act are libelous - Process issued against present petitioners - Challenge to - Held, filing of a case is a publication, however,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Two cheques for a sum of Rs.50,000/- and 30,000/- were dishonoured - Rs.50,000/- was paid in cash which complainant has acknowledged - According to applicant, a sum of Rs.30,000/- was also paid in cash and an endorsement to this..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - All essential ingredients constituting an offence u/s.138 of NI Act are existing in petition of complaint - It can not possibly be said that no prima facie case is made out against petitioner - Specific plea taken by petitioner that disputed cheques were..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 415, 420 -- Offence of cheating - Absence of intention to cheat right from beginning - Quashing of proceedings - Held, intention to cheat right from beginning of transaction is essence of allegation of cheating - Therefore, complaint and other materials taken together must disclose at least prima..........
Criminal Procedure Code, 1973, Section 300(1), 482 -- Second litigation on same set of facts - Quashing of - Complaint filed u/s 138 was dismissed on merits - On the same set of facts, another round of litigation by lodging FIR u/ss 420, 467, 471 and 506 IPC - Cognizance taken by Magistrate - Legality - Held, second litigation on same facts could not have been permitted -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cheating - From averments made in complaint and material available on record it is prima facie seen that offences u/ss 415, 418, 460, 468 and 471 are made out against petitioner - No doubt that complainant did have a civil remedy available with him against petitioner but at the same time it cannot be said that..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - General criticism made by A1 to A8 on application of the Act and the Act being misused by some persons - Held, allegation of misuse of provisions of the Act by some persons does not by itself become either..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Cheques returned dishonoured by Bank for the reason that signatures of account holder are different - Account was in the name of another person - Held, impugned order taking cognizance against petitioner liable to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Legally payable debt - Existence of - Cheque issued to satisfy money payable under consent decree in Special Civil Suit got dishonoured - Complaint - Quashing of - Held, plaintiff had already performed proclamation of relinquishment by..........
