Negotiable Instruments Act – Vicarious Liability – Non-Director Cannot Be Prosecuted – Petitioner Not Liable – Petitioner was neither a director of the accused company nor a signatory to the dishonoured cheques – Extract from the Ministry of Corporate Affairs confirmed he had no association with the company – Held: As per settled law under Section 141 NI Act, me...
PMLA Offence – Bail Rejection – Serious Economic Fraud – Bail Denied – Petitioner accused of defrauding over ₹800 crores from flat buyers through a fictitious housing project – Despite attachment of ₹161.5 crores, further investigation ongoing to trace remaining proceeds of crime – Held: Given gravity, conduct of petitioner, and ongoing investigation, bail c...
Criminal Law – Rape & Abduction – Inconsistencies in Victim Testimony – Conviction Set Aside – Appellants convicted of rape and abduction based solely on statements of PWs 2 and 3, two women who left their matrimonial homes and later alleged rape – Court found contradictions in their account regarding journey, stay at Parbhani, and absence of complaint for o...
Criminal Law – Quashing - Abetment of Suicide – Suicide Note and Delay – Charges Quashed – Appellants were accused of instigating the deceased’s suicide based on torn diary pages produced as a suicide note – The alleged harassment occurred on 10.11.2013 while the suicide took place a month later on 09.12.2013 – Held: No proximate act of instigation or cont...
Bail – Parity with Co-Accused – Not Applicable – Petitioner Alleged to Have Driven the Getaway Vehicle – The petitioner sought bail claiming parity with co-accused Sifarish Khan and Akhileshwar Kumar @ Sanjay, who had been granted bail earlier – Held: The petitioner was directly involved in the commission of the robbery, driving the motorcycle with a fake number plate...
Criminal Law – Quashing of FIR – Serious Sexual Offences – Petition Dismissed – Petitioner sought quashing of FIR registered under Sections 354, 354-A, 451, 506, 376, and 511 IPC alleging false implication – FIR based on prosecutrix's complaint and corroborated by her Section 164 CrPC statement alleging attempted rape and physical assault – Court held that m...
Criminal Law - Possession of Muddamal – Income Tax Proceedings vs. Criminal Jurisdiction – I-T Department Authorized to Retain Seized Cash – The department sought custody of ₹35,28,000 seized in a theft case, invoking Section 132A(1)(c) of the Income Tax Act – Trial court initially directed fixed deposit in complainant’s name, but later denied department’s app...
Criminal Law – Sect. 138 N.I. Act - Bail Cancellation – Non-Appearance Due to Health – Bail Restored – Petitioner’s bail was cancelled and non-bailable warrants issued for non-appearance in a Section 138 NI Act case – Held: Absence was unintentional, caused by medically proven encephalopathy – Trial Court’s action in issuing arrest warrant without no...
Criminal Law – Quashing - POCSO Act – Ingredients Not Attracted – FIR Quashed – Accusation Against Petitioners Held Malicious – The complainant alleged harassment and attempted sexual assault on her 17-year-old daughter by her brothers and their children – FIR registered under Sections 8 and 12 of the POCSO Act – Court held that no ingredients of “se...
Criminal Law - Preventive Detention – Authority to Fix Detention Period – Power Vested with State Government – Commissioner Mentioning Six-Month Detention Period Not Fatal - The Court held that under the PIT NDPS Act, the State Government alone is empowered to fix the detention period based on Advisory Board recommendations – The initial mention of six months by the Commiss...