Negotiable Instruments – S.138 – Presumptions under Ss.118 & 139 – Cash loans over ₹20,000 not void for S.269SS breach; presumption still arises – Revisional court cannot upset concurrent findings absent perversity – Non-reply to demand notice permits adverse inference – “Blank cheque given to help secure bank loan” defence held unbelievable &n...
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...
Negotiable Instruments – Cheque Dishonour – Section 138 NI Act – Accused issued multiple cheques to appellant financial firm in discharge of loan liability – All cheques returned dishonoured due to insufficient funds – Trial Court acquitted the accused in all four cases – Complainant’s application for leave to appeal under Section 378(4) CrPC dismissed by ...
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...
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...
Negotiable Instruments Act – Section 138 – Dishonour of Cheques – Legally Enforceable Debt – Lease Agreement – The appellant issued four post-dated cheques amounting to ₹9,00,000/- as security deposit refund under a lease agreement – Upon dishonour, the respondent filed criminal complaints – The Trial Court convicted the appellant but awarded only ₹3,0...
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...
Criminal Law – Rape – Promise to Marry – Consensual Relationship – False Allegation – Quashing of FIR – Petitioner Advocate accused of rape under false promise of marriage by a married woman who was also his client – FIR and statement under Section 164 CrPC lacked specific dates or particulars of inducement – Relationship continued for over one year ...
Preventive Detention – Verification of In-Camera Statements – Subjective Satisfaction – Petitioner challenged preventive detention under MPDA Act alleging non-compliance with procedural safeguards – Contended that Detaining Authority failed to personally verify in-camera statements of witnesses – Held: It is not a legal requirement that the Detaining Authority must pe...
Criminal Law – Rape – Consent – Relationship Between Accused and Victim Found Consensual – Allegations of Drugging Not Substantiated – Appeal Against Acquittal Dismissed – Appellant challenged acquittal of accused under Sections 376, 376(2)(n), 376(d), 120-B, 342, 506 IPC and Section 67 IT Act – FIR filed 9 months after alleged incident – Prior simil...