Criminal Law - Quashing of FIR – Prima Facie Case – The petitioner sought to quash the FIR alleging offences under Sections 316(2), 318(4), and 61(2) of the BNS Act, 2023, on the ground that no investor had complained, and the allegations were based on assumptions – Held: The FIR discloses cognizable offences, and the allegations of fraudulent inducement and unsustainable busines...
Quashing of FIR – Second FIR on Same Cause of Action – Abuse of Process of Law – The petitioner sought quashing of a second FIR, which was based on the same set of allegations as the first FIR – Held: The second FIR was illegal and unsustainable as it amounted to double jeopardy – Reliance placed on T.T. Antony v. State of Kerala, (2001) 6 SCC 181 – Second FIR q...
Negotiable Instruments – Dishonour of Cheque – Conviction Compounded – Petitioner convicted under Section 138 of the Negotiable Instruments Act for dishonour of a cheque amounting to ₹2,48,000/- – Trial Court sentenced him to six months simple imprisonment and compensation of ₹2,48,000/-, affirmed by the Sessions Judge on appeal – High Court allowed compounding of...
Negotiable Instruments – Dishonour of Cheque – Conviction Compounded – Petitioner convicted under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate, Fast Track Court, Kallakurichi, for dishonour of a cheque amounting to ₹20,00,000/-. The Trial Court sentenced him to one year of simple imprisonment and ₹20,00,000/- compensation, in default, to undergo th...
Prevention of Corruption – Demand and Acceptance of Bribe – The High Court set aside the conviction of the appellant, finding that the prosecution failed to establish the demand and acceptance of bribe beyond a reasonable doubt. The evidence showed that no work of the complainant was pending with the appellant at the time of the trap, and the money allegedly received was claimed to be ...
Criminal Law – Rape - Appeal Against Acquittal – Double Presumption of Innocence – Scope of Interference by Appellate Court – The High Court reemphasized principles governing appeals against acquittal, including the double presumption of innocence in favor of the accused. Held: The appellate court may interfere only if the trial court's judgment is perverse or based on ...
NDPS Act – Interim Release of Seized Vehicle – Principles and Applicability – Appeal against Gauhati High Court judgment dismissing writ petition challenging the denial of interim release of a seized vehicle used in alleged drug transportation – Appellant sought interim custody under Sections 451 and 457 Cr.P.C. – Respondent contended NDPS Act precludes such interim r...
Criminal Law – Compounding of Non-Compoundable Offenses – Exceptional Circumstances Warrant Relief – Applicant sought relief for compounding of offense under Section 326 IPC based on a voluntary settlement reached post-conviction – Supreme Court exercised inherent powers to recognize the compromise despite Section 326 being non-compoundable under CrPC – Held: Amicable...
Criminal Law - Third-Party Objections in Criminal Proceedings – Locus Standi Clarified - The Court ruled that a third-party objector must demonstrate a bona fide connection to the cause of action to intervene in a criminal case. Mere past grievances with the accused do not confer the right to file objections under Section 301(2) CrPC or Section 339 BNSS. [Paras 8-10].
Definition of Vict...
Criminal Law – Dowry - Quashment of Proceedings – Prima Facie Case Established – Petition Dismissed - The petitions seeking quashment of criminal proceedings under Section 482 CrPC were dismissed as prima facie evidence supported the allegations of cruelty under Section 498A IPC and misappropriation under Section 420 IPC. The court held that these were matters to be examined duri...