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ASHUTOSH SHASTRI
PARMAR BRIJESHKUMAR GOVINDBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. By way of this petition under Section 482 of the Cr.P.C. a prayer is made to the effect that the impugned complaint being C.R. No. I-50 of 2015 lodged before the Unjha Police Station dated 17.04.2015 be quashed and set aside.
2. The brief background of the case as stated by the petitioner, who is the original accused No. 2, is that the present petitioner was serving as a principal with the Tundav Pay Center School at village Tundav till September, 2014, and during the said period, as alleged by the complainant in the complaint lodged before the Unjha Police Station that the petitioner has misused the cheque and withdrawn an amount of Rs. 49,700/- from the State Bank of India, Unjha Branch in the month of April, 2014. The detailed assertion and allegations are levelled in the FIR which is annexed at Annexure-A. It has been alleged in the complaint that initially the petitioner was serving as a principal with the Tundav Pay Center School, however, then he resigned from his services on 23.09.2014. Thereafter, after the petitioner resigned from his services, the present respondent No. 2-original complainant accepted the charge of the post of principal on 20.10.2014 and started
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
The court quashed proceedings against a former director for cheque dishonor, ruling that allegations did not establish an offense post-resignation, emphasizing the need to prevent abuse of legal proc....
The main legal point established in the judgment is the court's authority to quash criminal proceedings under Section 482 of the Cr.P.C. based on an amicable settlement between the parties and the ab....
The main legal point established in the judgment is the need for a full-fledged trial to examine complex financial transactions and allegations of document manipulation, emphasizing the applicability....
The court emphasized that at the Section 482 Cr.P.C stage, it should not assess the veracity of the statements in the complaint and should not interfere if there are prima facie allegations.
The main legal point established in the judgment is the requirement of prima facie evidence to proceed with allegations under Sections 408 and 420 of the I.P.C., and the lack of credibility in unsupp....
Defenses to a charge under Section 138 of the Negotiable Instruments Act, such as duress and lack of consideration, are triable issues that cannot be adjudicated in a petition under Section 482 of th....
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