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 Murder Conviction Cannot Rest Solely On Voice Identification In Darkness: Supreme Court Acquits Police Constable After 12 Years CCTV Footage Belies Assault Claims: Supreme Court Quashes Criminal Case Against Neighbours Karta Cannot Gift Entire Joint Family Property To One Coparcener Without Consent; Settlement Void Ab Initio: Madras High Court Fresh Application For Return Of Plaint Barred By Res Judicata Despite Favourable Supreme Court Ruling On Jurisdiction: Bombay High Court Registration Of Adoption Deed Not Mandatory For Compassionate Appointment Under Hindu Adoptions Act: Madhya Pradesh High Court Insurance Company Cannot Claim Contributory Negligence Without Examining Driver Or Challenging Charge Sheet: AP High Court Accused In Child Pornography Cases Cannot Be Discharged Merely Because Age Of Unidentified Victims Cannot Be Conclusively Proved: Delhi High Court Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court 138 NI Act | Signing Board Resolution Doesn't Make Director Liable For Cheque Bounce: Supreme Court Written Reply To Show Cause Notice Sufficient, No Right To Personal Hearing For Borrowers Before Fraud Classification: Supreme Court Upholds RBI Master Directions Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing 0f FIR - Peaceful Protest – Democratic Dissent – FIR Quashed – Petitioners participated in a non-violent protest against the administrative shift of water distribution meeting venue concerning Jawai Bandh – Held: There was no evidence of violence, incitement, damage to property, or threat to public order – The protest was a legitimate exe...

Cheque Dishonour – Appeal by Complainant – Section 138 NI Act – Appeal Maintainable Under Proviso to Section 372 Cr.P.C. – Not Under Section 378(4) – The complainant had preferred an appeal against acquittal along with an application for leave under Section 378(4) Cr.P.C. – Held: In light of Supreme Court’s ruling in Celestium Financial v. A. Gnanasekaran,...

Criminal Law - Quashing of Charges – Interception of Calls – Section 5(2) of Telegraph Act – Petition Dismissed – The petitioner challenged charges framed under Section 120B IPC read with Section 9 of the PC Act alleging unlawful interception of calls and lack of prima facie evidence – The High Court upheld the legality of interceptions based on public safety and conf...

Criminal Law - Section 363, 376 of the IPC & Section 4 of the POCSO Act - Framing of Charge – Scope under Sections 227 & 228 CrPC – Legal Principles Reiterated – Held that at the stage of framing of charge, the court has to sift the evidence for limited purposes to determine whether a prima facie case exists – A strong suspicion suffices but the court cannot act as ...

Criminal Law – Prevention of Corruption Act – Demand and Acceptance of Bribe – Conviction Set Aside – The appellant was convicted under Section 7 of the PC Act for allegedly demanding and accepting ₹2,500 as illegal gratification for issuing a no-dues certificate – The complainant (PW-1) turned hostile, denying any demand or acceptance of bribe and stating that CBI ...

Criminal Law – Murder - Section 302 IPC – Appeal Against Conviction – Sole Eyewitness Testimony – Conviction Based Solely on PW1 Not Sustainable – Appellant convicted on basis of uncorroborated deposition of PW1 – Court found PW1’s credibility questionable due to past enmity with deceased and lack of contemporaneous reporting – Held: Sole testimony c...

Bail in Money Laundering Case – Twin Conditions Under Section 45 PMLA – Bail Granted – Petitioner, former bank president, arrested in connection with ECIR/BGO/05/2021 for offence under Section 4 PMLA – Court considered that trial was unlikely to commence soon, complaint had been filed, and proceedings in predicate offences were either stayed or not yet cognized – Held...

Anticipatory Bail – Sections 302, 323, and 34 of the Indian Penal Code, 1860 (IPC) - Role Introduced via Supplementary Statement – No Injury Attributed – Bail Granted – The petitioner, aged 67, was not named in the FIR and was later implicated for allegedly catching the victim’s beard and inciting his co-accused to assault – No injury attributed to the petitione...

Negotiable Instruments Act – Section 138 – Conviction for Dishonour of Cheque – Offence Compounded – Appellant convicted by trial court and acquitted by First Appellate Court on ground that complainant was an unlicensed money lender under Goa Act – High Court reversed acquittal and restored conviction – Held: Since appellant paid full cheque amount (Rs. 2,00,000...

Criminal Law - Probation – Benefit of Probation of Offenders Act – Sentence Modified – Conviction Upheld – Petitioner convicted under Sections 279 and 337 IPC and sentenced to 3 months rigorous imprisonment – Petitioner already underwent 1 month and 26 days of sentence – High Court while upholding the conviction granted benefit of probation for good conduct &nda...