The principles of exercising jurisdiction u/s 482 of Cr.P.C. ...

Courts reluctant to quash cases with substantial compliance. No mini-trial u/s 482 CrPC. Allegations proved at trial.

July 26, 2024

Case Laws Indian Laws HC

The principles of exercising jurisdiction u/s 482 of Cr.P.C. were laid down, wherein the courts should be reluctant to quash proceedings even if one or two ingredients are not satisfied if there is substantial compliance with the requirements of the offence. The High Court cannot conduct a mini-trial while exercising jurisdiction u/s 482 of Cr.P.C., and allegations must be proved during trial. In the present case, the Magistrate passed an order after examining the cheque, notice, affidavit, and other documents, satisfying the provisions of Section 202 of Cr.P.C. The submission of non-compliance with Section 202 of Cr.P.C. is unacceptable. The petition fails and is dismissed.

View Source

← Previous Next →

The principles of exercising jurisdiction u/s 482 of Cr.P.C. ...

Courts reluctant to quash cases with substantial compliance. No mini-trial u/s 482 CrPC. Allegations proved at trial.

July 26, 2024

Case Laws Indian Laws HC

You may also like:

HC upheld trial court's rejection of petition under s.210 CrPC seeking stay of proceedings under s.138 NI Act. While CID Case No.03/2017 involving misappropriation of Rs....

Dishonour of cheque cases can be quashed by High Courts u/s 482 CrPC if unimpeachable material shows no offence. Supreme Court held proceedings shouldn't be scuttled at...

The SC overturned the High Court's quashing of criminal proceedings against a public servant for possessing disproportionate assets. The Court ruled that the High Court...

The High Court examined the validity of the summoning order and framing of notice u/s 138 of the Negotiable Instruments Act, 1881, in a dishonor of cheque case. It...

Validity of a complaint filed u/s 138 of the Negotiable Instruments Act through a Power of Attorney. The court held that it can quash complaints at the pre-trial stage...

The Supreme Court addressed a case involving dishonour of cheque and time limitation. The party sought to quash proceedings, arguing the debt was time-barred u/s the...

The Punjab and Haryana High Court considered a petition filed u/s 482 CrPC seeking to quash a complaint and summoning order issued to the petitioner, a former director...

The HC held that it cannot assume the role of trial court and consider the accused's defense while exercising powers u/s 482 CrPC to quash complaint u/s 138 NI Act. The...

The HC dismissed the petitions seeking quashing of criminal complaints against the petitioners for dishonor of cheques. It held that exercising inherent jurisdiction u/s...

Dishonor of Cheque - insufficiency of funds - HC has quashed the entire criminal proceedings - the High Court has grossly erred in quashing the criminal proceedings by...

HC affirmed vicarious liability of company directors under Sections 138/141 of NI Act in cheque dishonor case. Directors challenged summoning orders claiming...

Dishonor of cheque case - Issuance of summons - Cheque furnished as security covered u/s 138 of NI Act or not? - Scope and limited jurisdiction of High Court u/s 482...

Seeking grant of regular bail u/s 439 of CrPC - Offence punishable u/s 132(1)(i)(i) of GST Act - bogus purchasers - GST registration was either suspended or cancelled -...

The High Court considered a petition seeking quashing of complaints u/s 120B IPC and Prevention of Corruption Act. The court ruled that preliminary enquiry is not...

Limited jurisdiction of trial court after remand order; cannot enlarge scope beyond remand directions. Trial court erred in allowing evidence beyond remand's limited...

Quick Updates: