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High Court

Bombay High Court Quashes Complaint Against Sleeping Partner in Negotiable Instruments Act Case — No Prima Facie Case as Partner Did Not Sign Cheque or Participate in Business. The court held that a sleeping partner who did not sign the cheque and was not involved in the business cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, and continuing proceedings would be an abuse of process.

9 Dec 2020

The applicant, Ajay Rampal Sarda, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Companies Act Case — Lack of Sanction Under Section 447 of Companies Act, 2013. Complaint Filed Without Prior Approval of Central Government or Authorized Body as Required Under Section 439 of Companies Act, 2013, Rendering Proceedings Invalid.

26 Nov 2015

The judgment pertains to a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by ten petitioners who were dir...

High Court

Bombay High Court Grants Anticipatory Bail to Assistant Professor in Atrocities Act Case — Allegations of Caste-Based Insults Found to Be Vague and Malafide. The court held that the bar under Section 18 of the SC/ST Act does not apply when no prima facie case is made out, and the complaint appeared to be motivated by malafide intentions.

9 Jan 2019

The appellant, Sapana Korde, an Assistant Professor at the College of Engineering, Pune, filed an appeal against the rejection of her anticipatory bai...

High Court

High Court of Karnataka Hears Criminal Petition to Quash Charges in Dog Accident Case. Accused Argues Offences Under IPC and Motor Vehicles Act Not Attracted Due to Lack of Mens Rea and Accident on Public Road.

21 Oct 2022

The petitioner, the driver of a Fortuner SUV, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the...

High Court

High Court of Karnataka Quashes Complaint Under Karnataka Societies Registration Act for Lack of Mandatory Sanction. Private Complaint Without Prior Sanction of Registrar Under Section 155 of the Act is Not Maintainable and Proceedings are an Abuse of Process.

6 Mar 2019

The petitioner, Basavarappa S/o Siddappa Shirgumbi, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Hi...

High Court

Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

25 Jan 2019

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

High Court

High Court of Karnataka Quashes FIR in Forgery and Cheating Case Due to Lack of Prima Facie Evidence. Petitioners Accused of Forgery and Cheating Under Sections 468, 471, 420 IPC - FIR Quashed as Allegations Did Not Disclose Any Offence.

5 Jul 2018

The petitioners, Dr. S. Malini and Dr. B.K. Muralidhar, filed a criminal petition under Section 482 CrPC seeking quashing of FIR in Crime No.27/2010 r...

High Court

Bombay High Court Quashes FIR Against Air India Agents in Criminal Breach of Trust Case — Dispute Held to Be Purely Civil in Nature. Court finds that allegations of misappropriation of ticket sales proceeds do not constitute criminal offences under Sections 403, 405, 409, 420, 425 IPC as the relationship between the parties is contractual and the dispute is civil.

20 Jun 2017

The petitioners, Nilesh N. Shah and Hema N. Shah, were partners of a partnership firm engaged in the business of selling air tickets. Air India Limite...

High Court

High Court of Karnataka Allows Revision Petition in Criminal Complaint Case — Arbitration Agreement Does Not Bar Criminal Prosecution for Cheating and Criminal Breach of Trust. The court held that the existence of an arbitration clause does not oust the jurisdiction of the criminal court to entertain a complaint alleging offences under Sections 120-B, 403, 406, 408, 415, 420 and 424 of IPC.

20 Jul 2017

The petitioner, Embassy One Developers Private Limited, a private limited company, filed a private complaint before the IV Additional Chief Metropolit...

High Court

Bombay High Court Quashes Criminal Proceedings Against In-Laws in Dowry Case Due to Vague Allegations. Lack of Specific Overt Acts Against Mother-in-Law and Sister-in-Law Leads to Quashing of FIR Under Sections 498-A, 323 IPC and Section 4 of Dowry Prohibition Act.

14 Jan 2016

The petitioners, being the mother-in-law (petitioner no.2) and sister-in-law (petitioner no.3) of the respondent no.2 (complainant), sought quashing o...

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