Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138 and 141 - Vicarious liability of Director - Quashing of proceedings - Petitioner arraigned solely on account of his designation as a Director of the accused company - Complaint was completely silent regarding the role played by the petitioner in the affairs of the company his participation in the transaction his in...
Criminal Law - Quashing of FIR/Criminal Proceedings - Indian Penal Code 1860 - Sections 406 and 420 - Abuse of Process of Law - Commercial Dispute given Criminal Colour - Appellants (landowners) entered into an unregistered Joint Development Agreement (JDA) with Respondent No.2 (complainant/developer) to develop an unapproved property - Complainant paid Rs.3 crore refundable security deposit and w...
Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Section 138 - Prosecution of non-signatory joint account holder - Respondent filed complaint arraying petitioner and his wife as accused for dishonour of a cheque issued in discharge of a friendly loan - Cheque was drawn on a joint bank account but signed exclusively by the wife of the petitioner - Trial Court summoned the peti...
Criminal Law - Quashing of FIR - Indian Penal Code 1860 - Sections 420 467 468 and 471 - Writ petition seeking quashing of FIR - Petitioners allegedly accepted earnest money from informant's sister but executed sale deeds in favour of a third party - Informant's application under Section 156 of CrPC was treated as complaint and dismissed by Magistrate under Section 203 CrPC - Revisional Co...
Criminal Law - Quashing of FIR - Code of Criminal Procedure 1973 - Section 482 - Prevention of Corruption Act 1988 - Sections 7(a), 13(1)(a), 13(2) - Indian Penal Code 1860 - Sections 384, 34 - State of Karnataka appealed against High Court orders quashing six FIRs registered against police officers including an Assistant Commissioner of Police and a Police Inspector - FIRs alleged corruption and ...
Criminal Law - Inherent Powers - Code of Criminal Procedure 1973 - Section 482 - Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act 1989 - Section 14A - Maintainability of quashing petition - Petitioner filed petition under Section 482 CrPC corresponding to Section 528 BNSS to quash FIR and the Trial Court order framing charges against him for offences under IPC IT Act and SC/S...
Writ Law - Quashing of FIR - Constitution of India - Article 32 - Maintainability of writ petition under Article 32 for quashing multiple FIRs - Petitioner sought quashing of multiple FIRs registered in different states regarding cyber fraud or alternatively their clubbing and consolidation - Petitioner claimed his bank account was misused by others and he had no knowledge of transactions - Court ...
Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Malicious Prosecution - Petitioners being Sub Inspector and Constable sought quashing of criminal proceedings initiated by suspended Head Constable alleging caste abuse - Respondent complainant was suspended for colluding with criminals and leaking information of police raids based on inquiry and call detail r...
Criminal Law - Forgery and Cheating - Indian Penal Code 1860 - Sections 420 467 468 and 471 - Quashing of chargesheet - Applicant was named as guarantor for a bank loan of Rs 10 lakhs sought by his parents - Allegations that loan application was based on forged documents of land belonging to persons deceased since 1990 - Investigation revealed co-accused Vikram Asthana produced a forged power of a...
Criminal Law - Quashing of FIR - Code of Criminal Procedure 1973 - Section 156(3) - Maintainability of application without exhausting Section 154(3) - Petitioners sought to quash FIR registered for offences of criminal breach of trust and cheating on the direction of the Magistrate under Section 156(3) CrPC - Petitioners contended that the application was not preceded by a complaint under Section ...