Criminal Law – Quashing of Complaint – Pre-trial Stage – Appellant sought quashing of the summoning order under Section 482 CrPC on the grounds that the cheques were issued as security and not for a legally enforceable debt – Supreme Court held that quashing of complaints at a pre-trial stage should be approached with caution – Legal presumption under Section 139 of t...
Criminal Law - Quashing of FIR and Charge-sheet – Criminal Appeal against High Court order rejecting petition to quash FIR for criminal trespass, property damage, and threats – FIR filed for offenses under Sections 447, 427, 294, 506 read with Section 34 IPC – Allegations involve trespass and demolition of property – Appellant contends the FIR is false, with significant del...
Quashing of FIR – Section 306 IPC – Abetment of Suicide - Application under Article 226 and Section 482 CrPC for quashing FIR alleging abetment of suicide – FIR lodged by deceased's wife against applicant for harassment and pressurizing deceased, leading to his suicide – Allegations in FIR constituting cognizable offence under Section 306 IPC. [Paras 1, 2, 12]
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Criminal Law – Conviction Quashed – Appeal by the accused against High Court’s judgment upholding conviction under Sections 354D and 506-Part I IPC – Appellant and complainant married during the appeal's pendency – Supreme Court invoked Article 142 of the Constitution of India to quash the conviction to preserve matrimonial harmony – Impugned judgments set a...
Criminal Law - Quashing of FIR and Charge-sheet - Criminal Appeal against High Court's order dismissing petition to quash FIR - FIR and charge-sheet for offences under Sections 420 read with Section 120B, Section 294(b), Section 506(ii) read with Section 114 IPC, alleging fraud in real estate transactions - Supreme Court holds allegations do not disclose necessary ingredients of the offences -...
Criminal Law – Dishonor of Cheque – Liability of Directors – The Supreme Court deliberated on whether the appellant, a director of a company, could be held liable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, for cheques issued by the company. The appellant, a director but not the signatory or person in charge of day-to-day affairs of the compan...
Negotiable Instruments Act, 1881 – Section 143A – Exercise of Power – Discretionary nature – Held, the exercise of power under Section 143A(1) is discretionary, not mandatory. The Court must engage in a prima facie evaluation of the merits of the case and consider the accused’s financial distress and other relevant factors before directing payment of interim compensat...
Criminal Law – Appeal against Conviction- Identification of Accused – Faulty Procedure – Supreme Court examines the validity of the identification process in a criminal case, specifically addressing the impact of lack of proper identification parade. The Court scrutinizes the manner in which the appellant was identified by the key witness and the implications of the absence of a ...
Criminal Appeal – Interpretation of Section 17A of the Prevention of Corruption Act, 1988 – Appeal against the High Court's decision dismissing the petition to quash FIR and remand order – Appellant, a former Chief Minister, implicated in corruption-related offences – Allegations involve siphoning off government funds – Key issue centers around the applicability a...
Issuance of Summons without Order – Summons issued to the appellant (Accused No. 10) without an order by the Special Court, contrary to the procedure under PMLA and CrPC. The appellant voluntarily surrendered and applied for bail, which was rejected. [Paras 2, 4, 7]
High Court Dismissal – High Court dismissed the appellant’s challenge to the Special Court’s ord...