Cheque Dishonour – Sections 138, 139 NI Act – Presumption of Legally Enforceable Debt – Conviction Upheld – Petitioner admitted issuance and signatures on cheque; defence of blank cheques misused found improbable; no legal action taken against complainant for alleged misuse – Held: Presumption under Sections 118(a) & 139 NI Act unrebutted – Conviction justif...
Criminal Law - Complaint To Register FIR – Dismissal under Section 156(3) Cr.P.C. – Order Set Aside – Petitioner filed complaint alleging assault over election dispute but no FIR was registered – Trial Court dismissed petition due to petitioner’s non-cooperation and absence during hearing – Held: Complaint disclosed prima facie case warranting enquiry &nda...
Criminal Law – Conviction under Sections 498A and 306 IPC – Acquittal – Appellant convicted by Trial Court for cruelty and abetment of suicide of wife – Deceased gave two versions: (i) complaint to police jamadar (Exh. 55) shortly after the incident citing a domestic quarrel and statement by husband “if you want to die, burn yourself”, and (ii) Dying Declaration...
Criminal Revision – Conviction Upheld – Sentence Modified – Probation Granted – Petitioner convicted under Sections 148 and 323 read with Section 149 IPC – Sentenced to rigorous imprisonment for one year by Trial Court; appeal dismissed by Sessions Court – Before High Court, petitioner limited plea to grant of probation – Considering no prior criminal reco...
Criminal Law - Discharge Application – Criminal Complaint over Co-owned Property – Section 239 CrPC – Rejection Set Aside - Petitioners, co-sharers of a pond, were accused of criminal intimidation and theft of fish – Trial Court rejected the discharge plea – Held: Allegations lacked criminal intent and involved a civil dispute over property rights – No prima fac...
Bail Application – Fraudulent Investment Scheme – Sections 406, 409, 420, 120-B IPC & Sections 3, 4 MPID Act – Bail Rejected – Applicant accused of luring more than 127 investors into depositing over ₹7 crores under a scheme promising 5–10% monthly returns, diverting funds to personal accounts – Court held that Designated MPID Court has jurisdiction to try...
Bail – NDPS Act – Commercial Quantity – Section 37 – Bail Denied – Applicant (cleaner in seized truck) sought second bail after seizure of 151.600 kgs of ganja – Court held that recovery was above commercial quantity, presumption of conscious possession applied, and twin conditions under Section 37 not satisfied – Held: No reasonable ground to believe appl...
Criminal Law - Murder – Circumstantial Evidence – Sections 302, 498-A, 201 IPC – Acquittal – Appellant convicted for murdering wife by throttling and hanging her body to simulate suicide – High Court found prosecution failed to prove motive, failed to complete chain of circumstances, and relied on weak extra-judicial confession – Medical evidence ruled out manua...
Criminal Law - Attempt to Murder – Section 307 IPC – Intention vs. Nature of Injuries – Conviction Upheld – Multiple injured sustained firearm and incised wounds on vital parts; even if injuries not “sufficient in ordinary course of nature” to cause death, intention of assailants decisive – Courts relied on SC precedents clarifying that minor or non-fatal ...
Bail Cancellation – Distinction Between Witness Protection and Judicial Power – High Court Order Set Aside – The appellant, original complainant, sought cancellation of bail granted to the accused on grounds of threats to witnesses – The High Court dismissed the application, directing the complainant to instead pursue remedy under the Witness Protection Scheme, 2018 –...