Dowry Death – Sentence under Section 304-B IPC – Reduction of Life Imprisonment – Husband Convicted – Sentencing Principles Applied – Appellant-husband convicted under Section 304-B IPC and sentenced to life imprisonment by Trial Court – Appellate Court held that life imprisonment is not mandatory under Section 304-B IPC and sentence must be proportionate to cul...
Criminal Law – Culpable Homicide – Section 304A IPC – Death by Alleged Stone Pelting – Appellant convicted by Trial Court for causing death through rash and negligent act – On appeal, High Court finds that key witnesses including P.W.3 (complainant), P.W.4 and P.W.6 (injured) admitted inability to identify assailants due to darkness – No torchlight allegedly use...
Unlawful Activities (Prevention) Act – Section 43D(5) – Bail – Prima Facie True Test - Appellant, alleged active member of terror syndicate led by Sujit Sinha and Aman Sahu, charged under UAPA, IPC, Arms Act and Explosive Substances Act for orchestrating the 18.12.2020 Tetariyakhad Colliery attack involving indiscriminate firing, arson of four trucks, and injuries to civilians &n...
NDPS Act – Bail – Sections 8, 21, 29 NDPS Act - Commercial Quantity – Procedural Lapses – Bail Granted – Petitioner arrested on 21.04.2023 for alleged possession of 50 bottles of Myberry (Codeine Phosphate) – Co-accused arrested based on petitioner's disclosure – Final report filed on 17.07.2023 – Trial delayed with less than half of 21 witnesses...
Negotiable Instruments – Cheque Dishonour – Section 138 NI Act – Accused issued multiple cheques to appellant financial firm in discharge of loan liability – All cheques returned dishonoured due to insufficient funds – Trial Court acquitted the accused in all four cases – Complainant’s application for leave to appeal under Section 378(4) CrPC dismissed by ...
Cheque Dishonour – Liability under Section 138 of Negotiable Instruments Act – Quashing of Complaint Set Aside – The High Court had quashed the complaint filed by the appellant on grounds of non-issuance of statutory notice to the partnership firm and failure to arraign the firm as an accused – Supreme Court held that under Section 141 of the Act, a firm is merely a compend...
Cheque Bounce - Territorial Jurisdiction – Section 142(2)(a) of the N.I. Act – Complaint Maintainable at Payee’s Account Branch – The appellant filed complaints under Section 138 N.I. Act before the Judicial Magistrate in Mangalore after depositing dishonoured cheques in Mumbai, though his bank account was maintained in Mangalore – Magistrate returned the complaints f...
Negotiable Instruments Act – Conviction under Section 138 – Presumption Properly Raised – Appeal Dismissed – The appellant challenged the High Court's reversal of acquittal and conviction under Section 138 NI Act, arguing that foundational facts were not proved and no presumption under Sections 118 and 139 should have been raised – Held: Respondent had proved foun...
Dishonour of Cheque – Illegality of Underlying Transaction – Prima Facie No Legally Enforceable Debt – The petitioner relied on Kerala High Court’s ruling in C.V. Rajan vs. Illikkal Ramesan (2015 SCC OnLine Ker 6780), arguing that even if an agreement was illegal under Section 23 of the Contract Act, cheque dishonour proceedings under Section 138 of the NI Act could still b...
NI Act, S.138(b) — Notice must demand the very cheque amount — Any variance renders notice invalid — Typographical error no defence — Complaint rightly quashed — Appeals dismissed
Negotiable Instruments — Section 138(b) — Meaning of “said amount of money” — Notice must demand the cheque amount and none other — Demand for a figure...