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Search Results for "Criminal charge"

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High Court

High Court Partially Allows Criminal Petition Under Section 482 CrPC in NI Act Case - Quashes Proceedings Against Company Under IBC Moratorium But Continues Against Directors. Court Held That Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 Bars Section 138 NI Act Proceedings Against Corporate Debtor, But Directors Remain Liable Under Section 141 of Negotiable Instruments Act, 1881 as Natural Persons.

10 Feb 2026

The High Court of Karnataka at Bengaluru heard a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by petitioners who ...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

High Court

Bombay High Court Allows Three Revision Applications Challenging Order Framing Charge Under Section 409 IPC in Share Retention Case. High Court Restores Trial Court’s Discharge of Accused No.1 and No.4 and Charge Under Section 406 IPC Against Accused No.2.

19 Jul 2011

The three criminal revision applications before the Bombay High Court arose out of a private complaint filed by Hari Narayan G. Bajaj against four acc...

Supreme Court

Supreme Court Dismisses Appeals in Domestic Worker Trafficking Case — Upholds High Court's Rejection of Compounding and Discharge Orders. Court holds that Section 370 IPC trafficking offence is non-compoundable and that prima facie case exists against accused for wrongful confinement and trafficking.

29 Jan 2025

The Supreme Court of India dismissed two appeals arising from a common FIR involving allegations of wrongful confinement and trafficking of a female d...

High Court

High Court of Karnataka Quashes Cognizance Order Against Bank Officials in Cheating Case Due to Lack of Prima Facie Evidence of Dishonest Intent. Allegations of Criminal Conspiracy and Forgery Against Retired Bank Managers Dismissed as Civil Dispute Over Loan Sanction.

19 Mar 2014

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 2...

High Court

Bombay High Court Dismisses Revision Applications Challenging Charge Framing and Discharge in 1993 Mumbai Riot Case. Prima Facie Case Established for Conspiracy and Unlawful Activities.

4 May 2011

The judgment pertains to two criminal revision applications filed by original accused nos. 32 and 76 in Sessions Case No. 930 of 2002, arising from C....

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not In Charge of or Responsible for Conduct of Business at Relevant Time Under Section 141 of Negotiable Instruments Act, 1881.

16 Jan 2019

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Mr. H.S. Bedi (Managing Director) ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Company Affairs at Relevant Time Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Averments Under Section 141.

16 Jan 2019

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) by H.S. Bedi (petitioner in Crl.P.No.6...

High Court

High Court of Karnataka Allows Habeas Corpus Petition for Detenue's Release Despite Production Warrant from Another Court. The court held that a bail order from the Special Court must be given effect, and a production warrant from another court does not justify continued detention under the earlier remand order.

23 Jun 2015

The petitioner, Gaurav Goel, filed a habeas corpus petition seeking the release of his father, Vinod Goel, who was detained in Central Prison, Bengalu...

High Court

Bombay High Court Quashes FIR in SC/ST Atrocities Case for Lack of Public View and Mens Rea. Alleged Caste-Based Insults Made in Private Office Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

21 Feb 2020

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the same First In...

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