Criminal Appeal – Jurisdictional Competence for Trial – Discussion on appropriate judicial forum for trial of appellant charged under IPC and other acts – Concerns over trial by Court of Chief Judicial Magistrate with limited sentencing power for offences punishable with life imprisonment or 10 years imprisonment under Section 409 IPC – Analysis of jurisdiction under Cr.PC ...
Revision Against Deposit Order – Petitioner, convicted under Section 138 of the NI Act and directed to pay compensation, challenges the appellate court’s order requiring deposit of 20% of compensation. Raises the issue of financial hardship due to losses during the Covid period. [Para 1, 4]
Appellate Court’s Order – Appellate court suspended the sentence under ...
Criminal Application – Compounding of Offence under Section 138 of the Negotiable Instruments Act – Application for compounding rejected by Magistrate – Application made by accused directors of a company for dishonour of a cheque amounting to Rs. 15 lakhs – Appeal against the non-compounding of the offence. [Para 2, 3, 4, 6]
Insolvency Proceedings – Impact on Crimi...
Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Conviction of the revision petitioner under Section 138 upheld by Sessions Court – Revision petitioner’s appeal against conviction and sentence. [Para 1, 4-5]
Legal Competence of Power of Attorney Holder to File Complaint – Challenge to the competence of PW1 to file the complaint on behalf of the co...
Concealment and Misrepresentation Allegations - Applicant, Kamdhenu Enterprises Ltd. And M/s Jads Services Pvt. Ltd., allege non-applicant Yashovardhan Birla concealed material facts and misrepresented information – Challenges the maintainability of Birla’s petitions filed for quashing complaint cases under Section 138 of NI Act. [Paras 4.1-4.9]
Background of Earlier Petit...
Cheque Dishonor - Allegation of Non-Repayment of Loan – Petitioner accused of not depositing a sum of Rs.11,00,000/- in a fixed deposit and issuing a dishonored cheque for Rs.10,00,000/-. [Para 2]
Abuse of Process of Law – Petitioner's contention of multiple complaints against the respondent for physical and mental torture and the non-availability of ingredients of Section 138 o...
Proclaimed Offender – Quashing of Proclamation Order – Petition under Section 482 Cr.P.C. for quashing of order declaring petitioner as proclaimed person in Negotiable Instruments Act case – Petitioner’s absence at trial led to proclamation – Impugned order set aside due to non-compliance with mandatory conditions of Section 82 (2) Cr.P.C. and lack of recorded satisfa...
Contempt of Court – Civil Contempt – Alleged disobedience of final order and decree in C.S. (Comm.) No. 182/2017 – Petitioner company seeking initiation of contempt proceedings against respondents for non-compliance with settlement agreement – Contempt not established due to financial constraints of respondents. [Para 1-17]
Lease Agreement – Non-payment o...
Negotiable Instruments Act – Section 138 – Summoning Order – Challenge to the summoning orders in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act – Accusation of non-compliance with mandatory inquiry under Section 202 of CrPC by the Magistrate – High Court held that mandatory inquiry was conducted satisfactorily. [Para 1, 3, 14, 20-21, 25...
Criminal Appeal – Cheque Dishonour Case – Appeal against acquittal in a Section 138 NI Act case – Appellant challenges trial court's acquittal of the respondent for dishonour of a cheque worth Rs. 7 Lacs – Appeal based on the contention that the trial court erred in not considering the statutory presumption under Section 139 of the Negotiable Instruments Act. [Para 1-7]...