Criminal Procedure Code, 1973, Section 167, 397, 401, 482, Constitution of India, 1950, Article 14, 19, 226, 227 -- Application for police remand - Rejection by Magistrate - Revision - Maintainability - Held, if remand is rejected, it would adversely affect right of prosecution to carry out further investigation and in a given situation investigation may not be able to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar..........
Criminal Procedure Code, 1973, Section 482, Railway Protection Force Act, 1957, Section 20(3) -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420 -- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners - Quashing of proceedings - When cheques in question came to be dishonored for which complaints have been filed are admittedly signed by original accused No.3 accepting personal liability to pay said amount to..........
Criminal Procedure Code, 1973, Section 482, 177, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- -Territorial jurisdiction - Quashing of charge-sheet - Wife forced to leave matrimonial home and to live with parents at Dehradun - Demand of dowry continued on phone calls by the husband and father-i, law - Held, Court at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Complaint filed at Chandigarh, although cause of action had arisen at Jallandhar - Legal notice for demand of payment had been issued from Chandigarh - Held, Courts at Chandigarh do not have jurisdiction to try the complaint - Besides..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - From perusal of complaint and material on record it cannot be said that no offence is made out against applicant - All submissions made at the bar relate to disputed questions of fact - Held, such questions cannot be adjudicated upon by..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - Offence u/ss 304-B, 34 IPC - There was a demand for giving cows, motor cycle and other goods - Charge sheet has already been filed against appellant holding that a case u/s 304B and S.34 is made out - Held, all these allegations will have to be dealt with by Court at different stages - This is not stage..........
Criminal Procedure Code, 1973, Section 482 -- Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases for the Court would not be justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the First Information Report or in the..........
