Dishonour of Cheque – Presumption under Section 139 N.I. Act – Rebuttal by Accused – Acquittal Upheld - The appellant alleged that the respondent borrowed Rs. 5,00,000 and issued a cheque, which was dishonoured for insufficient funds – The appellant argued that the memorandum of understanding executed by the respondent during the pendency of the case admitted the debt and i...
Criminal Law – FIR Quashing - Mines and Minerals (Development and Regulation) Act – Requirement of Authorized Complaint – Section 22 of the Act – FIR quashed for prosecution initiated without a written complaint by an authorized officer as mandated by Section 22 of the Act, 1957 – Cognizance of offences under the Act or its Rules can only be taken upon such authorized...
Bail Application – Offenses under Bharatiya Nyaya Sanhita and Motor Vehicles Act – Applicant arrested for rash driving under the influence of alcohol (42.5% BAC), evading checkpoints, and damaging public property – Charged under Section 110 of the Bharatiya Nyaya Sanhita (non-bailable), along with bailable offenses under the Bharatiya Nagarik Suraksha Sanhita and Motor Vehicles A...
Criminal Law – POCSO Act – Failure to Report – Section 21 r/w Section 19(1) POCSO Act – Petitioner, a gynecologist, accused of failing to report minor's pregnancy and alleged unauthorized abortion – Medical records showed victim's age as 18 years, as disclosed by her and parents at the time of treatment – No evidence of deliberate failure to report crime...
NDPS Act – Quashing - Admissibility of Statements under Section 67 – Reliance on Co-Accused’s Statement Quashed – The petitioner was implicated in the case solely based on the confessional statements of co-accused under Section 67 of the NDPS Act. Held: Such statements, being inadmissible under Section 25 of the Evidence Act as per Tofan Singh v. State of Tamil Nadu, cannot...
Negotiable Instruments Act – Interim Compensation – Prospective Effect of Section 143A – Amendment introducing Section 143A is prospective in operation – Provision applies only to complaints filed after its enactment on 01.09.2018 – Imposition of interim compensation on complaints filed prior to this date is impermissible – Held: Legislative intent and settled p...
Criminal Law – Quashing - Proclaimed Offender Declaration – Non-compliance with Section 82 of Cr.P.C. – Order Set Aside – The Chief Judicial Magistrate failed to record satisfaction regarding the petitioner’s absconding or concealment, as mandated under Section 82(1) of Cr.P.C. – Proclamation proceedings vitiated for non-adherence to procedural requirements, inc...
Criminal Law - Challenging dismissal of discharge - Prevention of Corruption Act and Indian Penal Code – Discharge of Accused – Allegations of Misappropriation – Petitioner (Accused No. 11), a customer of Elamgulam Service Co-operative Bank Ltd, charged under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 409, 420, 468, 4...
Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...
Criminal Law – Anticipatory Bail – Section 14A of SC/ST Act, 1989 – Maintainability – Petitioners sought anticipatory bail for offenses under IPC and SC/ST Act – Respondent argued bar under Sections 18 and 18A of SC/ST Act on anticipatory bail – High Court held that where allegations prima facie disclose offenses under the SC/ST Act, anticipatory bail petitions ...