Criminal Law – Appeal Against Acquittal – Dishonour of Cheque – Maintainability – Applicant filed for leave to appeal under Section 378(4) CrPC against acquittal in complaint under Section 138 of N.I. Act – Held: In view of the Supreme Court decision in M/s. Celestium Financial v. A. Gnanasekaran, complainant in a cheque dishonour case is a "victim" under Se...
Domestic Violence – Quasi-Criminal Proceedings – Bailable Warrants – Issuance of bailable warrants by the Magistrate in proceedings under the D.V. Act deprecated – Held: Proceedings under the D.V. Act are quasi-criminal in nature and do not attract penal consequences unless there is a breach of protection order – Magistrate unjustified in issuing bailable warrants in ...
Dowry Death – Sentence under Section 304-B IPC – Reduction of Life Imprisonment – Husband Convicted – Sentencing Principles Applied – Appellant-husband convicted under Section 304-B IPC and sentenced to life imprisonment by Trial Court – Appellate Court held that life imprisonment is not mandatory under Section 304-B IPC and sentence must be proportionate to cul...
Criminal Law – Anticipatory Bail – Companies Act Offences – Bail Granted – Chartered Accountants facing prosecution under Sections 143 r/w 147 and 448 of the Companies Act, 2013 and related provisions for allegedly auditing falsified financial statements of SRS Group companies and concealing related party transactions – Petitioners had not been arrested during investi...
NI Act, S.138(b) — Notice must demand the very cheque amount — Any variance renders notice invalid — Typographical error no defence — Complaint rightly quashed — Appeals dismissed
Negotiable Instruments — Section 138(b) — Meaning of “said amount of money” — Notice must demand the cheque amount and none other — Demand for a figure...
NDPS Act – Bail – Commercial Quantity – Grounds of Arrest – Compliance with Article 22(1) – Search at Night – Inventory/Sampling – Section 37 Rigour – Held: Grounds of arrest duly communicated prior to remand; seizure indicates commercial quantity (31.78 g MDMA); quantitative test delay immaterial; Section 37 bar applies – Bail rejected [Paras ...
Unlawful Activities (Prevention) Act – Section 43D(5) – Bail – Prima Facie True Test - Appellant, alleged active member of terror syndicate led by Sujit Sinha and Aman Sahu, charged under UAPA, IPC, Arms Act and Explosive Substances Act for orchestrating the 18.12.2020 Tetariyakhad Colliery attack involving indiscriminate firing, arson of four trucks, and injuries to civilians &n...
Criminal Law – Bail – Age Discrepancy of Victim – Petitioner accused of abducting and marrying minor girl under false documents – Conflicting DOBs: 01.01.2007 (from NIOS) and 19.04.2008 (school record) – Held: Discrepancy in age creates reasonable doubt – In view of Mahadeo v. State of Maharashtra and State of MP v. Anoop Singh, court must rely on school DOB unl...
NDPS Act – Bail – Sections 8, 21, 29 NDPS Act - Commercial Quantity – Procedural Lapses – Bail Granted – Petitioner arrested on 21.04.2023 for alleged possession of 50 bottles of Myberry (Codeine Phosphate) – Co-accused arrested based on petitioner's disclosure – Final report filed on 17.07.2023 – Trial delayed with less than half of 21 witnesses...
Criminal Law – Culpable Homicide – Section 304A IPC – Death by Alleged Stone Pelting – Appellant convicted by Trial Court for causing death through rash and negligent act – On appeal, High Court finds that key witnesses including P.W.3 (complainant), P.W.4 and P.W.6 (injured) admitted inability to identify assailants due to darkness – No torchlight allegedly use...