Section 138 NI Act | Cheque Bounce Complaint Cannot Be Dismissed At Threshold Merely For Non-Production Of Postal Track Report: Madhya Pradesh High Court Departmental Dismissal Based On Identical Evidence Discarded By Criminal Court Amounts To 'No Evidence': Orissa High Court Kerala Lok Ayukta Amendment Upheld: High Court Rules Lok Ayukta Is Not A Court, Its Declaration Can Be Changed To Recommendation Subsidized Industrial Plots Are Meant To Generate Employment, Allottees Must Strictly Adhere To Timebound Project Schedules: Supreme Court Allottees Cannot Keep Subsidised Land Unutilised: Supreme Court Upholds Cancellation Of Piaggio's UP Industrial Plot CAG Audit Cannot Substitute Criminal Investigation To Trace Money Trails: Supreme Court Supreme Court Directs CBI To Probe Arunachal Pradesh Public Contracts, Says Constitutional Violation Not Diluted By Statistics Common Intention Under Section 34 IPC Cannot Be Presumed Merely Because Multiple Accused Participated In A Sudden Fight: Supreme Court Mere Use Of Abusive Word 'Bastard' Does Not Amount To Obscenity Under Section 294(b) IPC: Supreme Court Independent Medical Board's Opinion Crucial To Prevent Harassment Of Doctors In Consent Disputes: Supreme Court Quashes Criminal Case High Court Can Examine Questions Of Fact Under Section 482 CrPC To Prevent Abuse Of Process: Supreme Court Quashes Criminal Case Against Surgeon 'Every Link Must Be Conclusively Established': Supreme Court Acquits Constable In Murder Case, Reiterates Strict Standard For Circumstantial Evidence

"CRIMINAL LAW" Digest

Matrimonial Law  – Maintenance - Nullity of Marriage – No Entitlement to Interim Maintenance – Sections 12, 23 of Domestic Violence Act – Orders Set Aside – The revisionist challenged interim maintenance awarded to opposite party-2 under the Domestic Violence Act after the marriage was judicially declared null and void – The Court held that following the de...

Criminal Law - Quashing of FIR – Sections 115(2), 126(2), 351(3), 3(5) of the BNS - Cross Allegations in Family Dispute – Trial Not to Be Short-Circuited – Petitioners sought quashing of FIR citing contradictions in medical records and prior police intimation by complainant – Held: Allegations prima facie disclose cognizable offences – Disputed facts and evidence must...

Criminal Law – Appeal Against Acquittal  – Cheque Dishonour Acquittal – Section 138 NI Act – Appeal Transferred to Sessions Court – The appellant sought leave to appeal under Section 378(4) Cr.P.C. against acquittal in a dishonoured cheque complaint – High Court relied on the Supreme Court’s ruling in M/s. Celestium Financial vs. A. Gnanasekaran Etc.,...

Cheque Dishonour – 138 of the NI Act - Presumption under Negotiable Instruments Act – Rebuttal of Presumption – Acquittal Upheld – The complainant alleged loan transaction and issuance of cheque in discharge of debt – Accused produced evidence (Ex.D4) obtained under RTI showing operation of unregistered finance business by complainant, which was denied by complainant ...

Matrimonial Law - Maintenance Revision – Quantum of Maintenance – Sections 125 and 127 CrPC – Enhancement Granted with Increment Provision – In this batch of revisions, the wife challenged the Family Court’s order reducing her maintenance from ₹30,000/- to ₹20,000/- while the husband sought further reduction on account of his retirement – The High Court scru...

Criminal Law - Dowry Death and Suicide – Conviction under Section 304B Modified – Section 306 and 498A Sustained – The appeal was preferred against conviction under Section 304B IPC for dowry death following suicide of wife within seven years of marriage—High Court found lack of evidence establishing harassment or dowry demand 'soon before death' but consistent dowr...

Anticipatory Bail – Sections 364, 384, 388, 342, 120B of IPC - Rejection on Grounds of Absconding – Section 482 BNSS – Custodial Interrogation Required – The applicant, a police officer, sought anticipatory bail after being accused of kidnapping, extortion and corruption – The Court observed the applicant was evading arrest since registration of FIR and was declared p...

Criminal Law – Kidnapping of Minor – Sections 363 and 366 IPC – Conviction Affirmed – The appellant was convicted for kidnapping a minor girl aged 11-13 years under Sections 363 and 366 IPC – Evidence established the girl was taken away without parental consent under false pretext and confined unlawfully – The minor’s consistent testimony, corroborated by ...

Criminal Law - Appeal Against Conviction – Dismissal for Non-Prosecution – Section 138 NI Act – Dismissal Set Aside - The petitioner challenged the order dismissing his appeal against conviction under Section 138 of the NI Act for non-appearance – The High Court held that appeal against conviction must be decided on merits even if the appellant is absent – Relying on ...

Quashing Proclamation Proceedings – Non-Compliance with Section 82 Cr.P.C. – Declaration of Proclaimed Person Quashed – The petitioner was declared proclaimed person in proceedings under Section 138 NI Act and consequent FIR under Section 174-A IPC was registered – Held: Trial Court erred in straightaway issuing proclamation without prior steps of summons or bailable warran...