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...
Cheque Dishonour – Liability under Section 138 of Negotiable Instruments Act – Quashing of Complaint Set Aside – The High Court had quashed the complaint filed by the appellant on grounds of non-issuance of statutory notice to the partnership firm and failure to arraign the firm as an accused – Supreme Court held that under Section 141 of the Act, a firm is merely a compend...
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...
Cheque Bounce - Territorial Jurisdiction – Section 142(2)(a) of the N.I. Act – Complaint Maintainable at Payee’s Account Branch – The appellant filed complaints under Section 138 N.I. Act before the Judicial Magistrate in Mangalore after depositing dishonoured cheques in Mumbai, though his bank account was maintained in Mangalore – Magistrate returned the complaints f...
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 ...
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...
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...
Extradition Law – Dual Criminality – India-Canada Treaty – Prima Facie Satisfaction for Magisterial Inquiry – Validity of MEA’s Decision – Petitioner challenged MEA’s direction under Section 5 of Extradition Act initiating magisterial inquiry into Canadian extradition request for offence under Section 320.16(3) of Canadian Criminal Code – Held: The a...
Cheque Dishonour – Presumption of Legally Enforceable Debt – Sections 118 & 139 of the Negotiable Instruments Act – Presumption Operated - The accused admitted the signature on the cheque but claimed the cheque was lost – The intimation of loss was found to be doubtful as it was lodged one year after the alleged loss – The accused failed to rebut the statutory pre...
Criminal Law – Robbery – Doubtful Identification – Nighttime Crime – Conviction Set Aside – Petitioners (A1 & A3) convicted for stabbing and robbing two employees carrying ₹16 lakhs – Conviction confirmed by appellate court – However, eye-witnesses (PW1 & PW2) admitted to contradictions regarding identity, absence of lighting, prior exposure to a...