Criminal Law - Sections 27 and 29 of the NDPS - Sections 66(B), 65(A), 81, 116(B) of the Bombay Prohibition Act, 1949 - Appeal Against Acquittal – Alleged Possession of Liquor Without Permit – Acquittal Confirmed – Accused found with bottles allegedly containing English liquor – Investigating officer failed to send seized bottles for FSL analysis – No sample drawn or ...
Criminal Revision – Cheque Bounce - Section 138 of the N.I. Act - Evidence – Comparison of Signatures – Use of Photocopy – Forensic Opinion Denied – Trial Court’s permission to compare admitted signatures with signatures on photocopy of partnership deed set aside – Held: Comparison from photocopy unreliable due to possibility of digital tampering – A...
Criminal Law – Quashing of FIR - Section 152 of Bharatiya Nyaya Sanhita – Allegations of Attempting to Excite Secession – FIR Sustained – Petitioner challenged FIR invoking newly enacted Section 152 BNS, claiming tweets were expression of political dissent—Court held: Allegations not absurd or improbable—Tweets had considerable reach and referenced sensitive com...
Criminal Law – Dishonour of Cheques – Quashing of Proceedings – Appellant filed complaint under Section 138 of the Negotiable Instruments Act, 1881 against a Partnership Firm and its partners, including Respondent, for dishonour of cheques aggregating ₹6 crores – High Court quashed proceedings against Respondent under Section 482 CrPC on ground that he had retired from pa...
Cheque Dishonour – Section 138 of the NI Act - Limitation for Sending Demand Notice – Exclusion of Date of Intimation – Notice Held Within Time – The Trial Court acquitted the accused holding that the statutory notice under Section 138(b) was sent on the 31st day after intimation of dishonour – Held: The date of receipt of bank intimation must be excluded while comput...
Criminal Law - Dishonour of Cheque – Section 138 NI Act – Conviction Justified – Cheque issued for Rs. 5,20,000 as part payment of existing liability – Dishonoured for insufficient funds – Legal notice issued but no reply or payment made – Trial Court and Appellate Court rightly convicted the accused and sentenced him to two months’ simple imprisonment wit...
Negotiable Instruments – Dishonour of Cheque – Compounding of Offence – Conviction Set Aside – Petitioner convicted under Section 138 of the Negotiable Instruments Act for dishonour of cheque of ₹3,90,000 – Conviction upheld by appellate court with modification of sentence from rigorous to simple imprisonment – During pendency of revision, parties amicably set...
Section 138 of the Negotiable Instruments Act – Dishonour of Cheques – Failure to Prove Debt – Acquittal Upheld - The complainant alleged a friendly loan of ₹8.5 lakhs was given and cheques were dishonoured – Respondent admitted signature on cheques but claimed they were issued in a different context – Court held that complainant failed to establish existence of leg...
Crimnal Law - Section 138 & 141 NI Act - Negotiable Instruments – Quashing Set Aside - Vicarious Liability of Director – Complaint Must Disclose Responsibility for Company’s Affairs – High Court quashed criminal proceedings under Section 138 NI Act against a director on the ground of insufficient averments—Supreme Court reversed, holding that complaint sufficientl...
Section 138 NI Act – Personal Criminal Liability of Director – Insolvency of Company No Bar – Appeals Dismissed – Appellant convicted for cheque dishonour and sentenced to two years imprisonment with ₹2.5 crore compensation – He claimed protection due to company liquidation and moratorium under IBC – Supreme Court held director’s criminal liability under...