Negotiable Instruments Act – Dishonour of Cheque – Section 138 NI Act – Conviction and Sentence – Compounded by Settlement – Petitioner convicted under Section 138 NI Act for dishonour of cheque of Rs.17 lakhs and sentenced to six months’ imprisonment with Rs.2 lakhs compensation – Appellate Court enhanced compensation to Rs.5 lakhs – During pendency...
NDPS Act – Sampling Procedure – Section 52A(2) – Mandatory Compliance – Accused found with Buprenorphine and Diazepam injections – Samples drawn by detecting officer at spot without moving application to Magistrate – Held: As per Union of India v. Mohanlal (2016) and Simranjit Singh v. State of Punjab (2023), samples must be drawn in presence and under supervisi...
Criminal Law - Counterfeit Currency – Section 489C IPC – Conviction Sustained – Appellants apprehended in 2008 raid at Chandni Chowk with 20 counterfeit ₹500 notes (12 from Aashim, 8 from Mehtab Jahan) – Defence of false implication rejected – Police evidence, though uncorroborated by public witnesses, accepted after careful scrutiny; consistent and credible –...
Murder – Circumstantial Evidence – Section 302 IPC – Conviction Set Aside – The prosecution case rested on the “last seen theory” and hearsay evidence alleging that the appellant, aunt of the deceased child, strangulated him and threw him in a pond – The Trial Court convicted relying on last seen theory and alleged motive arising from family disputes &ndas...
Bail – Allegations of theft of gold and attempt to run over police vehicle while escaping – Accused No. 1 facing 81 adverse antecedents – Bail refused having regard to gravity of offence and criminal history – Petition dismissed as against Accused No. 1 [Paras 6-7].
Bail – Accused No. 2, son of Accused No. 3 and relative of Accused No. 1 – Detained for 61 day...
Suspension of Sentence – Section 389 CrPC – Convict for Possession of Counterfeit Currency – Relief Denied – Petitioner convicted under Sections 489-B and 489-C IPC for recovery of ₹31,27,500/- counterfeit currency notes – Application under Section 389(1) CrPC seeking bail pending appeal rejected – Revision filed challenging rejection – Held: Mere allega...
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 - Abetment of Suicide – Section 306 IPC – Neighbourhood Quarrels – Conviction Set Aside – Deceased, a 25-year-old woman, committed suicide by setting herself on fire following constant quarrels with neighbour (appellant) – Trial Court convicted under Section 306 IPC and Section 3(2)(v) SC/ST Act; High Court confirmed conviction under Section 306 but acqui...
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...
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...