Negotiable Instruments Act – Section 141 – Vicarious Liability of Partner – Not Maintainable Without Firm's Conviction – Appellant sought conviction of accused partner under Section 138 read with Section 141 N.I. Act – Complaint alleged cheque issued by partner on behalf of firm – Firm (accused no.1) was acquitted and no appeal was preferred – Held: On...
Criminal Law - Rash and Negligent Driving – Acquittal – Sections 279, 337, 338, 304A IPC and Section 3 and181 of Motor Vehicles Act – Conviction Set Aside – The accused was convicted by the Trial Court for causing death and injuries by driving a jeep in a rash and negligent manner – Appellate Court confirmed the conviction – Held: There was no clear evidence est...
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...
Criminal Revision – Conviction under Section 411 IPC – Sentence Modified – Petitioner convicted for offence under Section 411 IPC and sentenced to 1-year rigorous imprisonment with fine – Having undergone 3 months and 12 days of imprisonment, he sought modification of sentence – High Court upheld conviction but reduced sentence to already undergone period – Held...
Criminal Appeal – Dismiss for Default – Section 138 NI Act – Complaint Restored – Appellant filed private complaint for dishonour of cheque amounting to ₹3,00,000 – Trial Court dismissed the case for non-appearance during cross-examination – Appellant cited unavoidable reasons for absence and lack of representation by counsel – Held: Dismissal not justif...
Criminal Breach of Trust – Acquittal – Appeal by Association – The Association alleged that its former Honorary Secretary had embezzled funds, forged documents, and falsified accounts during his tenure – Trial Court acquitted the accused, finding no cogent evidence of embezzlement or forgery – High Court upheld the acquittal, ruling that the prosecution failed to prov...
Anticipatory Bail – Sections 305, 331(3), 331(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) - Civil Dispute with Criminal Colour – Prima Facie Civil Nature – Bail Granted - The applicant sought pre-arrest bail in connection with an FIR alleging theft and criminal intimidation – Held: The dispute pertained to possession of a shop already sub judice in civil courts with...
Criminal Law – Quashing of FIR - Gangsters Act – Procedural Non-compliance – FIR Quashed – Sections 2(b)(i), 3 of the Gangsters Act – Petitioners sought quashing of FIR based on gang chart prepared without recording proper satisfaction by competent authorities – Held: The District Magistrate failed to conduct a valid joint meeting and merely approved the proposa...
Preventive Detention – Detention under Goondas Act – Validity – Habeas Corpus Petition Dismissed – The detenue was involved in multiple serious offences including attempt to murder, extortion, sexual offences under POCSO, drug trafficking, and violation of bail conditions – The detaining authority after subjective satisfaction found that the detenue's activities w...
Criminal Law – Quashing of ECIR – Section 3 and 4 of the PMLA – Petition Dismissed – The petitioner, a well-known actor, filed a petition seeking quashing of ECIR dated 08/08/2021 and second supplementary complaint dated 17/08/2022 under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002, alleging that she was not named in the predicate offence FIR, had been m...