Search Results for "Quashing of Process"

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Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Averment of Insufficient Funds. Stop Payment Instructions After Request Not to Present Cheque Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Manisha Salekar, filed a criminal writ petition challenging the order dated 17.12.2018 passed by the Additional Sessions Judge, Kalyan...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

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Bombay High Court Dismisses Complainant's Petition Challenging Quashing of Process in Forgery Case Due to Lack of Sanction Under Section 195 CrPC. Magistrate Cannot Take Cognizance of Forgery of Document Produced in Civil Suit Without Complaint by That Court Under Section 340 CrPC.

The petitioner, Anil Anant Karkhanis, was the original complainant in Regular Criminal Case No.155 of 2003 filed before the Chief Judicial Magistrate,...

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Bombay High Court Quashes Process in Drugs and Cosmetics Act Case Due to Non-Compliance with Section 18A Notice Procedure. Failure to Provide Opportunity to Explain Before Filing Complaint Renders Prosecution Invalid.

The petitioners, Parenteral Drugs (India) Ltd and others, filed writ petitions challenging the order dated 24 September 2014 passed by the Chief Judic...

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Bombay High Court Quashes Process for Forgery Against Accused in Cheque Dishonour Case Due to Absence of Allegation of Making False Document. Court holds that dishonour of cheque alone does not constitute forgery under Section 467 IPC without proof of making false document.

The petitioner, Shaikh Noor Shaikh Nanhu, was original accused no.4 in Regular Criminal Case No. 65/2000 pending before the Judicial Magistrate (F.C.)...

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Bombay High Court Allows Writ Petition Quashing Process Against Accused in Section 138 NI Act Case. Cheque Drawer Alone Liable Under Section 138 of Negotiable Instruments Act, 1881; Admission of Liability in Settlement Does Not Create Vicarious Liability.

The petitioners, Banwarilal L. Saini and another, were accused nos.1 and 3 in a criminal case under Section 138 of the Negotiable Instruments Act, 188...

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Bombay High Court Allows Criminal Application to Quash Process in IPC Offences Case Due to Non-Compliance with Mandatory Inquiry Under Section 202 Cr.P.C. — Accused Residing Outside Jurisdiction Requires Examination of Witnesses Before Issuance of Process.

The applicants, M/s International Tractors Ltd and its Managing Director Deepak Mittal, residents of Hoshiarpur, Punjab, filed a criminal application ...