Dishonour of Cheque – Service of Statutory Notice – Section 138(b) of the Negotiable Instruments Act, 1881 – Conviction Set Aside – The revision petitioner/accused challenged the conviction and sentence under Section 138 of the N.I. Act, contending that the mandatory legal notice was not served upon him, but instead received by a relative without evidence of his knowledge o...
Criminal Law - Quashing of Criminal Proceedings – Civil Dispute Dressed as Criminal Offence – Sections 406, 420, 467, 468, 469, 120B IPC – Quashing Allowed – The petitioners challenged the criminal proceedings initiated under multiple penal provisions arising out of allegations of cheating and forgery in respect of a loan transaction secured by pledge of shares – The ...
Criminal Law - Conviction for Rape of Minor – Sole Testimony of Victim – Section 376(2)(f) IPC – Conviction Confirmed - The appellant challenged his conviction for rape of a four-year-old girl, alleging false implication and lack of corroboration – The Court upheld the trial court’s conviction relying on the credible testimony of the minor victim, corroborated by her ...
Criminal Law - Juvenility Determination – Section 12 of the Juvenile Justice Act and Rule 12 of JJ Rules, 2007 – Juvenility Rejected – The appellant challenged concurrent findings of the courts below which declared the accused a juvenile based on a school transfer certificate indicating date of birth as 18.04.1995 – Supreme Court found the certificate unreliable as it was b...
Criminal Law - Quashing of FIR – Abetment of Suicide – Scope of Section 306 IPC – FIR Quashed – Petitioners challenged the registration of FIR under Section 306 read with 34 IPC based on an alleged verbal altercation with the deceased Savitri Devi – Court noted that even taking the prosecution’s case at face value, there was no proximate or direct instigation or...
Cheque Dishonour – Defence of Payment Stop Due to Defective Goods – Acquittal Upheld – Appellant filed complaint under Section 138 of the Negotiable Instruments Act alleging dishonour of cheque issued by respondent towards outstanding dues for electronic goods – Respondent issued stop payment instructions citing defective and substandard goods – Trial Court found that...
Criminal Procedure – Service of Notice under Section 35 BNSS – Electronic Mode Not Permissible – Application Dismissed – The State of Haryana sought modification of the Supreme Court’s earlier order to allow electronic service of notices under Section 35 BNSS – Held: Legislative intent is explicit in excluding investigation-related notices from electronic mode u...
Criminal Law - Sexual Assault on Minor – Conviction Under Section 6 POCSO – Appeal Dismissed – The appellant challenged his conviction under Sections 363/367/323/342/506/377 IPC and Section 6 POCSO on grounds of inconsistencies in timelines and lack of recovery – Held: Testimony of the 9-year-old victim was clear, cogent, and consistent – Independent eyewitnesses corr...
Criminal Law – Quashing – Section 419, 420, 467,468,471 of the IPC - Criminal Complaint – Allegation of Forged Will – Quashing Justified – Civil Dispute Given Criminal Colour – Appellants, daughters-in-law of the deceased, inherited estate via a will dated 23.12.1993 – Sale deed was executed by one son after the testator’s death – Complainant f...
Criminal Appeal – Quashing of FIR – Alleged cheating and breach of trust arising out of property transaction – FIR Quashed – The appellants challenged the registration of FIR and cognizance taken under Sections 406, 420, and 120B IPC in relation to a 2015 Agreement to Sell and GPA regarding land in Bhoopasandra Village, Bengaluru – The Court found that the dispute was...