Criminal Procedure Code, 1973, Section 397, 482, Constitution of India, 1950, Article 226, 227 -- Exercise of plenary power - Held, exercise of power by Court either u/s 397 or 482 of the Code or u/Art.226 and 227 of the Constitution should be in aid of the legislative policy and in public interest - It has to be exercised having due regard to legislative intent evidenced..........
Negotiable Instruments Act, 1881, Section 138, 20, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter-complaint - Quashing of - Counter-complaint filed by accused alleging forgery on the ground that complainant himself filled up the amount and date in a blank cheque - Held, same does not amounts to forgery in view of the provision of S.20 of the NI..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 306 IPC - Compromise between parties - It enhances social amity and reduces friction - It truly is finest hour of justice - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court..........
Criminal Procedure Code, 1973, Section 482 -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Contention that no notice was received by applicant and that applicant has already paid the amount in dispute - Even if allegation made in the complaint as well as the documentary evidence brought on record are taken at their face value and accepted in their..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dishonour of cheque - Demand notice returned unserved - Contention of respondent that even if demand notice was returned unserved then after receiving summons of complaint it was primary duty of accused to make payment of cheque - But instead of doing so,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque not presented within validity period of six months - No offence made out - Summons issued liable to be quashed...........
Prevention of Corruption Act, 1988, Section 7, 13, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 142 -- Reduction in sentence - High Court, in exercise of its jurisdiction, u/s 482 Cr.P.C. and Supreme Court, under Article 142 of the Constitution, would not ordinarily direct quashing of a case involving crime against society particularly,..........
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..........
