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S.K.D. Lakshmanan Fireworks Industries and anr. Vs. K.V. Sivarama Kris ...

Court : Kerala

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Article 20(2)

Reported in : [1995]84CompCas447(Ker)

the Act. The petitioners have filed the criminal miscellaneous case to quash the complaint under Section 482 of the Criminal Procedure Code, 1973. The petitioners have admittedly issued a cheque for Rs. 20,645 to the first respondent. The complaint was … case to quash the complaint under Section 482 of the Criminal Procedure Code, 1973. The petitioners have admittedly issued a cheque for Rs. 20,645 to … to second cause of action where advantage occurring from first cause of action not availed - nothing in chapter 17 which precludes creation of successive cause of action for same cheque - Section 142 only limits period for

Shri Vishnu Spinners, Tamilnadu Vs. Sri Bhagyalakshmi Commercial Corpo ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Negotiable Instruments Act, 1881- Sections 138, 139, 140, 141 and 142; Limitation Act, 1963 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 470, 472 and 473

Reported in : 1998(5)ALD274; 1998(2)ALD(Cri)383; 1999(1)ALT(Cri)187; 1999CriLJ1221

The provisions are mandatory in their nature. Section 142 of the Act envisages that notwithstanding anything contained in Criminal Procedure Code, 1973, no Court shall take cognizance of any offence punishable under Section 138 except upon a complaint in … 142 of the Act envisages that notwithstanding anything contained in Criminal Procedure Code, 1973, no Court shall take cognizance of any offence punishable under Section … neither appeal nor application within meaning of Section 5 - Section 473 has no application to proceeding under Chapter 17 of Negotiable Instruments Act - held, Court had no power to condone delay in case of complaint and

The Indian Hume Pipe Co. Ltd. and ors. Vs. the Assistant Collector, Ce ...

Court : Punjab and Haryana

Subject : Criminal

Acts : Central Excises Act, 1944 - Sections 4, 9, 9AA and 9(1); Central Excise Tariff Act, 1985; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 216, 218, 219, 220 and 482; General Clauses Act, 1897 - Sections 3(38); Central Excise Rules, 1944 - Rules 9(1), 52A, 53, 173F, 173G and 226; Constitution of India - Article 20

Reported in : 1992CriLJ3187; 1992(40)ECC343

ORDERJ.S. Sekhon, J.1. The petitioners through this petition filed under Section 482 of the Code of Criminal Procedure. 1973 seek the quashment of the complaint Annexure PI for offence under Section 9 of the Central Excises … ORDERJ.S. Sekhon, J.1. The petitioners through this petition filed under Section 482 of the Code of Criminal Procedure. 1973 seek the quashment of the complaint Annexure PI for offence under Section 9 of … engaged in the manufacture of R.C.C. Pipes and Collers falling under new Chapter Sub-heading No. 6807-00 of the Central Excise Tariff Act, 1985. The duty … that the accused had contravened the provisions of Rules 9(1), 52-A, 53, 173-F, 173-G read with Rule 226 of the Central Excise Rules, 1944 and

Jitendra NaraIn Singh Vs. the State of Bihar and ors.

Court : Patna

Subject : CriminalArbitration

for preventing any abuse of the process of law or any glring injustice.The application is, accordingly, rejected. (A) Criminal Procedure Code, 1973 - Section 482--Quashing of criminal proceedings--Inherent power of the Court--It is well-settled that the inherent power under … I.P. Singh, J.1. This application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') has come up for admission. It is directed against the … for the purpose of proceeding under Section 200 and subsequent Sections of Chapter XVI or Section 204 of Chapter XVII of the Code it can … 200 and subsequent Sections of Chapter XVI or Section 204 of Chapter XVII of the Code it can be positively stated that he had applied

Motiram Ramchandra Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Criminal

Reported in : 2008CriLJ259

Procedure, equivalent to these sections in the new Code of Criminal Procedure, 1973 find place in Chapter XVII from Sections 211 to 223 and Sections … separately except in cases mentioned under Sections 219, 220, 221, 222 and 223 (in the old Code of Criminal Procedure of 1898). These sections are equivalent to Sections 234, 236, 237 ad 239 of the New Code of … S.L. Kochar, J.1. The appellant has challenged his conviction under Sections 302 and 325 of the Indian Penal Code and sentence of imprisonment for life with fine of Rs. 500/-, in default of payment of fine to … deceased Tulsiram, it is specifically mentioned that (Vernacular matter omitted....Ed.). In para 17 this witness has denied the defence suggestion that he was having dispute

Veeraraghavan Vs. Lalith Kumar

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Negotiable Instruments Act - Sections 5, 6, 138, 139, 140 and 142

Reported in : 1995CriLJ1882

of Offences : Notwithstanding anything contained in the Code of Criminal Procedure, 1973, - (a) no Court shall take cognizance of any offence punishable under … Act. Aggrieved by that order, the complainant took up the matter to the High Court under Section 482, Criminal Procedure Code. It was held that Section 138 of N.I. Act provides for punishment only in case cheque was returned … Arunachalam, J., while hearing the arguments in this petition under Section 482, Code of Criminal Procedure, to quash the proceedings in C.C. No. 489 of … reasons of the Banking Public Financial Institutions and Negotiable Instruments Law (Amendment) Act, 1988 (66 of 1988) whereby Chapter 17 comprising of Sections 138 to 142 were inserted with effect from 1-4-1989, there can be little doubt that

Hasanbhai Valibhai Qureshi Vs. State of Gujarat and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B and 395; Bombay Police Act - Sections 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 173(8), 216, 217 228 and 240; Constitution of India - Article 226

Reported in : AIR2004SC2078; 2004(2)BLJR883; 2004CriLJ2018; (2004)2GLR1634; JT2004(4)SC305; 2004(3)MhLj1074; 2004MPLJ593(SC); 2004(4)SCALE174; (2004)5SCC347; 2004(2)LC1027(SC)

was of the view that if further investigation is necessary the remedy is available in the Code of Criminal Procedure, 1973 (in short the 'Code') and further investigation can be carried out under the supervision of the trial … only delay process of trial unnecessarily.8. Section 228 of the Code in Chapter XVII and Section 240 in Chapter XIX deal with framing of the … persons were arrested. Initially, in the FIR various offences including Sections 395 and 120B of the Indian Penal Code, 1860 (in short the 'IPC') and Section 135 of the Bombay Police Act were noted and mentioned by … ultimate object is to arrive at the truth.12. Sub-section (8) of Section 173 of the Code permits further investigation, and even dehors any direction from

Subhojit Datta Vs. State of Bihar

Court : Patna

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 406, 409 and 467; Code of Criminal Procedure (CrPC) , 1973 - Sections 29, 30, 32, 34, 106, 323, 325, 325(1), 325(3), 347(1), 357, 386, 389, 390, 391, 392, 397, 401, 401(1), 401(4), 421 and 431

case, by exercising suo motu power of revision is still extant under Section 397 read with Section 401 Criminal Procedure Code, 1973, inasmuch as the High Court can 'by itself' call for the record of proceedings of any inferior … be triable by the Court of a Magistrate of the First Class. Chapter III of the Code of Criminal Procedure, hereinafter referred to as Code, … Jamalpur case No. 15 of 2000) holding him guilty of offence under Section 409 of the Indian Penal Code and inflicting the sentence of rigorous imprisonment for seven years and fine of Rs. 5,000/-, in default to … stage of the proceeding before signing judgment-On such commitment, provisions of Chapter XVII shall apply. - - 2. The revision application was posted for consideration

Municipal Corporation of Delhi Vs. Ram Kishan Rohtagi and ors.

Court : Supreme Court of India

Subject : CriminalFood Adulteration

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 204, 319, 319(1), 351, 397, 397(2) and 482; Prevention of Food Adulteration Act - Sections 7 and 16

Reported in : AIR1983SC67; 1983CriLJ159; 1982(2)SCALE1124; (1983)1SCC1; [1983]1SCR884

- Adulteration - Sections 7 and 16 of Prevention of Food Adulteration Act, 1954 and Section 482 of Criminal Procedure Code, 1973 - Toffees manufactured by X company was found to be not conforming to the standards prescribed for … to say a few words about the law on the subject.5. After the coming into force of the CrPC, 1973 (hereinafter referred to as the 'present Code'), there was a serious divergence of judicial opinion on the question … Court observed thus :A plain reading of Section 319(1), which occurs in chapter XXIV dealing with general provisions as to inquiries and trials, clearly shows … would undoubtedly be vicariously liable for the offence; 1 (Ram Kishan Rohtagi). 17. Although we uphold the order of the High Court we would like

Dr. Pradeep Mohanbay Vs. Minguel Carlos Dias

Court : Mumbai

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142

Reported in : 2000(2)ALLMR664; 2001BomCR(Cri)75; (2000)1BOMLR908

process. The petitioner therein invoked inherent powers of the High Court under Section 482 of the Code of Criminal Procedure for quashing of the complaint. The argument put forward on behalf of the petitioner therein was that the … said Act which deals with cognizance of offences, reads as under;'142. Cognizance of offences.--Notwithstanding anything contained in the Code of Criminal Procedures, 1973 (2 of 1974),-- (a) no Court shall take cognizance of any offence punishable under … that it is now well settled that a complaint for offences under Chapter XVII of the said Act, could be filed through Power of Attorney … it is now well settled that a complaint for offences under Chapter XVII of the said Act, could be filed through Power of Attorney in