Negotiable Instruments Act – Cheque Dishonour – Section 138 – Appeal Against Acquittal Dismissed – The appellant/complainant alleged that the accused issued four cheques towards repayment of a loan of ₹1,80,000/-, all of which were dishonoured due to insufficient funds – Trial court acquitted the accused citing lack of proof regarding execution and issuance of the c...
NDPS Bail – Recovery from Premises – Section 42 NDPS Act – Bail Denied – The petitioner was arrested based on disclosure of co-accused and 30 grams of heroin was recovered from her premises – The Court found prima facie compliance with Section 42 of the NDPS Act, noting that prior information was recorded in the Daily Diary and appropriate permission was obtained for ...
Criminal Law - Delay in Judgment – Non-Pronouncement After Hearing – Appeal Allowed - Criminal appeal heard and reserved for orders on 24.12.2021 was not decided even after over a year, causing prejudice and denial of justice to appellant – Supreme Court held that such delay is shocking and unacceptable – Highlighted systemic issue of judicial delay and absence of mechanism...
Domestic Violence Act - Limitation – Application under Section 12 DV Act – Not Barred by Limitation – Application Maintainable - Petitioner sought quashing of complaint filed under Section 12 DV Act on the ground that the incident of domestic violence dated back to July 2019 and complaint was filed in February 2022, allegedly beyond the period of limitation under Section 468 CrPC...
Criminal Law – Quashing of FIR and Criminal Proceedings – Prima Facie Case Made Out – Petition Dismissed – The petitioner, a former UD Clerk in Kerala Water Authority, sought to quash proceedings in C.C. No. 9/2022 alleging inordinate delay and absence of prima facie material – Allegations involved misappropriation of ₹24,755 by forging cheque counterfoils and falsi...
Criminal Law - Section 482 CrPC - Quashing of Summoning Order – Civil Dispute Given Criminal Colour – Abuse of Process – Complaint held to be a counterblast to earlier FIR – The applicants, including a 101-year-old man and a disabled individual, filed a Section 482 CrPC application to quash a complaint instituted nearly 9 months after an FIR lodged by them regarding the sam...
Criminal Appeal – Conviction Partly Set Aside – Goa Children’s Act – Probation of Offenders Act – Appeal Partly Allowed - The appellant was convicted by the Children’s Court for offences under Sections 323, 352, and 504 IPC and Section 8(2) of the Goa Children’s Act, 2003, which were later partly modified by the High Court – The Supreme Court found t...
Criminal Law - Rape – Consent under Misconception – No Deceit Proven – Conviction under Section 376 IPC Set Aside – Allegation that appellant concealed existing marriage and had sexual relations with complainant – Evidence showed complainant and her family were aware of appellant's first marriage – Held: Since no concealment occurred, consensual physical rel...
NDPS Act – Interim Bail on Humanitarian Grounds – Bail Denied – The petitioner sought interim bail for six weeks under Section 22 NDPS Act on the ground that his widowed mother required urgent medical intervention for cardiac issues – Medical certificate indicated surgery was advised but not undertaken – Status report revealed availability of petitioner’s wife a...
Criminal Bail – Section 302 IPC – Delay in Trial – Bail Granted - The petitioner was accused of murdering the deceased Devinder Kumar with bamboo sticks and had been in custody since 11.04.2023 – Despite filing of the chargesheet on 03.07.2023, only 12 out of 52 witnesses had been examined – Held: Given prolonged incarceration, constitutional guarantee under Article 2...