Criminal Appeal – Conviction for Trespass and Assault – IPC Ss. 447 & 323 – Acquittal – Appellants convicted by Trial Court and affirmed by High Court despite closure report finding land belonged to State – Complainant admitted prior enmity and gave only self-serving testimony corroborated by interested witnesses – Held: Prosecution evidence weak, no proof o...
Sanction for Prosecution – Section 197 CrPC – Issue of Sanction Deferred – High Court rightly held trial can proceed despite absence of sanction under Section 197 CrPC for IPC offences – Supreme Court upheld this view – Held: Question of sanction under Section 197 CrPC can be examined by the Trial Court depending on evidence led during trial [Paras 5–7].
Fram...
Criminal Law – Conviction under Sections 305, 506-B & 195-A IPC – Partial Acquittal – Appeal post-death of accused – Consequential relief to heirs – Appellant (widow and children of deceased convict Akhtar) pursued appeal to claim terminal benefits due to wrongful conviction – Sessions Court convicted Akhtar under Sections 305 and 506-B IPC and sentenced him...
Anticipatory Bail – Section 438 CrPC – High Court Rejection Set Aside – FIR No. 188/2017 registered under Section 304 IPC, eight years old – Appellant added subsequently in investigation, alleged only to have been last seen with deceased – No evidence of direct involvement; appellant cooperating under interim protection – Held: rejection of anticipatory bail by ...
Bail – Prolonged Custody – Allegations under BNS, POCSO Act, and JJ Act – Bail Granted – Appellant, a school principal, accused of sexual offences under POCSO and BNS, was in custody for nearly ten months – Only 7 of 22 witnesses examined – Supreme Court observed no serious incriminating material presently on record and held that further delay in trial justifies...
Criminal Law - Section 138 NI Act - Dishonour of Cheque – Presumption under Section 139 NI Act – Conviction Upheld – Accused admitted issuance and signature on the cheque – Presumption of legal liability under Sections 118 and 139 arose – Accused failed to rebut the presumption by credible defence – Held: Courts below rightly convicted the accused under Section ...
Cheque Dishonour – Presumption under Section 139 of N.I. Act – Conviction Restored – The trial court had convicted the accused for issuing a dishonoured cheque of ₹30 lakhs, finding that the cheque was issued in discharge of legally enforceable debt – Sessions Judge reversed the conviction on the ground of absence of documentary proof of loan and by considering unrelated ...
Negotiable Instruments Act – Cheque Dishonour – Material Alteration – Sections 87, 138, 118(a), 139, NI Act – Cheque issued for ₹7 lakhs returned unpaid for “insufficient funds” – Accused admitted issuing cheque but alleged alteration in account number and limited liability of ₹1.92 lakhs – Evidence (CW1 testimony) confirmed alteration from CD-59...
Negotiable Instruments Act – Cheque Dishonour – Presumption under Ss. 118(a), 139 – Rebuttal – Complainant alleged advancing ₹2,50,000/- loan, cheque dishonoured for “insufficient funds” – Accused admitted issuing cheque but claimed it was blank and misused; pleaded he borrowed only ₹50,000/- and repaid – Complainant’s income shown as ₹20...
Negotiable Instruments Act – Dishonour of Cheque – Presumption under Section 139 – Effect of signed blank cheque – Accused admitted signature but contended cheque was issued as security and misused – Held: once signature admitted, statutory presumption of legally enforceable debt arises; mere plea of security cheque or filling up of contents by another does not invali...