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Saturday, June 19, 2010

Criminal Procedure Code, 1973

S.156(3)--Indian Penal Code, 1860, S.420, 406, 323, 506--Cheating--FIR--Cancellation Report--Complaint--Order was placed for purchase of chemicals and solvents from accused--Complainant paid a sum of Rs.4,00,000/- to respondent no.4 and he in turn signed a demand promissory note by way of security confirmation and acknowledgment of liability and repayment guarantee--Dispute is civil in nature--Merely because material was not supplied per se would not indicate commission of offence of cheating or criminal breach of trust--Complaint dismissed.; J.C. Khanna v. State of Haryana & Ors., ; 2010(1) Law Herald (P&H) 840
S.401--Negotiable Instruments Act, 1881, S.138--Dishonour of Cheque--Conviction--Revision--Compromise--Parties settled matter between themselves--Complainant no more interested in prosecuting petitioner/accused--He prayed for extension of necessary benefit to petitioner on account of an amicable settlement--Under these circumstances permission granted to complainant to compound offence with petitioner/accused--Petitioner/accused acquitted of charge.; Jasbir Kaur v. Dalbir Singh, ; 2010(1) Law Herald (P&H) 879
S.482--Indian Penal Code, 1860, S.406, 498-A & 506--Quashing of FIR--Compromise--Allegations in FIR arising out of matrimonial dispute which is purely personal in nature--Matter compromised amicable between parties--Parties happily staying together in separate rented house--FIR under Section 406, 498-A and 506 quashed in interest of justice--2007(3) LAW HERALD (P&H) (FB) 2225 relied.; Sunil Kumar Joshi & Anr. v. State of Punjab & Anr., ; 2010(1) Law Herald (P&H) 841
S.482--Indian Penal Code, 1860, S.498-A, 406 and 506--Quashing of FIR--Demand of dowry--Marriage of complainant was solemnized 3-4 years before lodging FIR--Complainant has a daughter aged 2 years--FIR recites that complainant has been living in her parental home and accused have not accepted her in matrimonial home since birth of daughter--FIR does not disclose entrustment of property to either of petitioners specifically or dishonest misappropriation of the property--No specific allegations made in regard to commission of offence under Section 498-A IPC--Cognizance of commission of offence is not spelt out from FIR or from averments made in reply filed on behalf of investigating agency as against petitioners--FIR qua petitioners quashed.; Mohinder Kaur & Ors. v. State of Punjab & Anr., ; 2010(1) Law Herald (P&H) 805
S.482--Negotiable Instruments Act, 1881, S.138--Quashing of Complaint--Dishonour of Cheque--Cheque issued by ‘S’ for payment of instalment of electricity bills dishonoured--Allegation against petitioner that he assured that cheque will be honoured when presented for payment--Offence under Section 138 will be made out only against drawer of cheque--Petitioner being not drawer or signatory of cheque in dispute cannot be held liable for conviction under Section 138--Complaint qua petitioner quashed.; Mukesh Kumar v. Punjab State Electricity Board, ; 2010(1) Law Herald (P&H) 807
S.482--Punjab Apartment and Property Regulation Act, 1995, S. 3, 5, 7, 8, 9, 14 (1), 15, 18 and 21, 36--Quashing of FIR--Petitioner executed three sale deeds out of share held by him in joint property--Individually petitioner has not sold land beyond permissible limit of 1,000/- sq. meter--FIR and framing of charge under Section 36 qua petitioner quashed.; Tara Singh v. State of Punjab, ; 2010(1) Law Herald (P&H) 811