Search Results for "Quashing of Process"

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Search Results for "Quashing of Process"

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High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

28 Nov 2022

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881.

19 Aug 2022

The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent...

High Court

Bombay High Court Quashes Process Against Accused in Cheating Case Due to Civil Nature of Dispute. Dishonour of cheque and failure to pay amount under agreement treated as civil liability, not criminal breach of trust or cheating under Sections 406 and 420 IPC.

7 Jan 2020

The petitioner, Vivek Vishwanath Kenge, was the original accused in a criminal case filed by Vishwam Power & Buildcon Pvt. Ltd. The respondent company...

High Court

Bombay High Court Quashes Process Issued Without Section 202 CrPC Inquiry in Complaint Case Against Accused Residing Outside Jurisdiction. Non-compliance with mandatory inquiry under Section 202 CrPC renders issuance of process illegal and matter remanded for fresh inquiry.

28 Sep 2017

The petitioners, who are the wife, father-in-law, mother-in-law, and brother-in-law of the complainant (respondent No. 2), challenged the order of the...

High Court

Bombay High Court Allows Complaint by Constituted Attorney in Dishonour of Cheque Case — Reinstates Process Quashed by Sessions Court. Constituted Attorney Can File Complaint Under Section 138 of Negotiable Instruments Act, 1881 on Behalf of Payee.

18 Aug 2010

The petitioner, Vilas Baliram Sawant, filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which quashed the ...

High Court

Bombay High Court Quashes Magistrate's Order in RTI Complaint Case for Lack of Sanction Under Section 197 CrPC. Public servant acting in official capacity cannot be prosecuted without prior sanction under Section 197 of Code of Criminal Procedure, 1973.

2 Aug 2010

The petitioner, Sanjay Shivaji Dhapse, claiming to be the Ahmednagar District Head of All India Human Rights and Citizen Option and a Corporator, file...

High Court

Bombay High Court Allows Revision Against Quashing of Process in Tobacco Advertisement Case — Held That Complaint Under Section 5 of Cigarettes and Other Tobacco Products Act, 2003 Is Maintainable Against Individuals and Companies for Prohibited Advertisement of Tobacco Products. The Court restored the process issued by the Magistrate, finding that the Sessions Judge erred in quashing the process by conducting a mini-trial at the stage of process.

30 Jul 2010

The petitioner, National Organisation for Tobacco Eradication (NOTE), a registered society, filed a criminal complaint against the respondents (accuse...

High Court

Bombay High Court Allows Petition and Quashes Process in Cheque Dishonour Case Where Cheque Was Issued as Security Deposit. Held that a cheque given as security for due performance of a contract does not constitute a 'debt or other liability' under Section 138 of the Negotiable Instruments Act, 1881, and thus dishonour of such a cheque is not an offence.

20 Jul 2010

The petitioner, Joseph Vilangadan, was the managing partner of M/s. Encon Engineering and Contractors, which entered into an agreement with the respon...

High Court

Bombay High Court Quashes Criminal Defamation Process Against Society Members for Lack of Specific Allegations. Complaint under Sections 500, 501, 34 IPC fails to identify which accused published the alleged defamatory letter.

8 Jul 2010

The petitioners, six residents of Om Arpan CHS Ltd., Thane, were accused in Regular Criminal Case No.614/2006 under Sections 500 and 501 read with Sec...

High Court

Bombay High Court Partly Allows Criminal Application in Medical Negligence Case, Upholds Quashing of Process Against Doctor. Court directs Magistrate to obtain expert committee report before proceeding under Section 304A IPC.

11 Jan 2010

The applicant, Smt. Nirmalaben w/o Narayanbhai Parmar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, aggriev...

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