Negotiable Instruments Act – Section 145 – Affidavit Evidence – Accused Cannot File Evidence-in-Chief by Way of Affidavit – Section 145(1) expressly enables only the complainant to give evidence-in-chief on affidavit in proceedings under Section 138 of the NI Act – The provision uses the word "complainant" and does not extend the same liberty to the accused ...
Negotiable Instruments Act – Sections 138, 141 – Director's Liability – Quashing of Summoning Order – Appellant, a Director of the accused Company, summoned in connection with dishonoured cheques issued by the Company – Both the revisional court and the High Court held that her signing of Board Resolutions established involvement in day-to-day affairs – Held...
Bail – Regular Bail – Prolonged Incarceration – Parity with Co-accused – Appellant in custody since 14.01.2023 in connection with FIR No. 219/2022, Police Station Wagle Estate, District Thane City, for offences under Sections 307, 326, 324, 323, 504, 506, 141, 143 and 149 IPC and Sections 4 and 25 of the Arms Act – Trial yet to commence with thirteen witnesses to be e...
Criminal Law — Quashing of Chargesheet — Section 482 CrPC — CCTV Footage — Parity among Co-accused — Appellants, residents of the same apartment complex as the complainant, arraigned in chargesheet under Sections 143, 341, 323, 324, 354, 504, 506, 509 and 427 IPC arising from a neighbourly altercation on 11.10.2022 — High Court quashed proceedings against two co...
POCSO Act — Section 15(2) — Child Sexual Abuse Material — Discharge of Accused — Subjective Satisfaction Test — Accused persons chargesheeted for storing, possessing, and transmitting Child Sexual Exploitation Material (CSEM) through mobile phones and WhatsApp groups — Sessions Court discharged accused under Section 15(2) POCSO Act solely on the ground that age ...
Criminal Law – Criminal Conspiracy – False Implication in Rape Case – Extortion – Advocate and Police Officer – Conviction Upheld – A1 a practising advocate and A2 a Sub-Inspector of Police conspired with two deceased accused to falsely implicate PW12, an innocent person who was the principal witness in a molestation case against a police official, in a fabricat...
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Statutory Notice – Presumption of Service – General Clauses Act, 1897, Section 27 – Complaint dismissed by JMFC as premature for non-production of track report of registered notice – Revisional Court affirmed dismissal holding presumption of service arises only after 30 days from dispat...
Criminal Law – Murder – Eyewitness Testimony – Conviction Upheld – Property Dispute – Mediation Meeting – The appellant was convicted under Section 302 IPC for stabbing his brother Titu Miah Khadim at a mediation meeting convened to settle a property dispute on 01.10.2021 – PW-2, whose presence at the place of occurrence was not disputed, gave a direct eye...
Criminal Law – Murder – Burning of Wife – Concurrent Conviction – Dying Declaration – Reliability – The appellant was convicted under Sections 302 and 342 IPC by the Sessions Judge, Bundi and sentenced to life imprisonment with rigorous imprisonment of one year respectively – High Court confirmed the conviction – Appellant challenged concurrent findi...
NDPS Act — Sections 8 and 22 — Bail — Grounds of Arrest — Constitutional Mandate — Article 22(1) read with Article 21 — Appellants, senior orthopaedic surgeon and proprietor of pharmacy unit within Corporate Hospital, Amritsar, arrested by NCB on 02.05.2025 following recovery of 2000 Tramadol tablets in sealed condition from hospital pharmacy — Appellants ...