Cheque Dishonour – 'Account Closed' – Section 138 of Negotiable Instruments Act – Conviction Restored - The Trial Court acquitted the accused on the ground that dishonour for ‘account closed’ does not attract Section 138 NI Act and no presumption arose due to denial of signature – Held: The Hon’ble High Court held that dishonour of cheque on ground...
Criminal Law - Anticipatory Bail – Civil Dispute Escalated to Criminal Litigation – Supreme Court Orders Executed – Conditional Bail Granted – Petitioners involved in property dispute culminating before Hon’ble Supreme Court in SLP No. 27400 of 2023 sought pre-arrest bail in cross criminal cases registered under Bharatiya Nyaya Sanhita alleging mutual criminal trespas...
Criminal Law - Section 94, 438(2) BNSS - Interlocutory Orders – Revisional Jurisdiction Barred under BNSS – Petition Dismissed – The petitioner sought to set aside the trial court’s order summoning the Investigating Officer (IO) for a report regarding CCTV footage preservation – The High Court held that the impugned order was purely interlocutory in nature, not amount...
Criminal Law - Bail – Sections 8(c), 20(b), 22(c), 23(c), 27-A and 29 of the NDPS Act – Conscious Possession Not Established – Bail Granted – The High Court allowed bail to the petitioner who was arrested after collecting a courier parcel containing 100 LSD blots, observing absence of evidence proving conscious possession and involvement in narcotics trafficking – Hel...
Criminal Law - Anticipatory Bail – Economic Offence – Sections 3 & 4 of PMLA – Bail Denied – Petitioner sought anticipatory bail contending false implication in ECIR case regarding cryptocurrency fraud – ED objected highlighting petitioner’s alleged mastermind role in running Ponzi scheme under fake crypto “Emollient Coin” – Allegations inc...
Criminal Law - DNA Testing in Rape Case – Quashing of Sessions Court Order – Mandatory DNA Sampling Upheld – The petitioner, prosecutrix, filed a petition under Section 482 Cr.P.C. seeking to quash the order of the Additional Sessions Judge which had set aside the Magistrate’s order permitting DNA sampling of Respondent No.2 in a case registered under Section 376 IPC. The D...
Criminal Law - Bail Cancellation – Abuse of Official Position – Sections 376, 328 IPC and Sections 3/4 IT Act, SC/ST Act – Bail Cancelled - The Supreme Court considered an appeal filed by the victim against the grant of bail to respondent No.2, who was accused of serious offences including sexual exploitation and torture of female inmates under her care as Superintendent of a wom...
Custodial Torture – Illegal Detention – Registration of FIR Directed – Investigation Transferred to CBI – Counter FIR Quashed – ₹50 Lakhs Compensation Awarded – In a case involving shocking custodial torture of a serving police constable, including mutilation of genitalia during illegal detention, the Supreme Court reversed the High Court’s judgment refu...
Criminal Law - Anticipatory Bail – Cancellation of Pre-Arrest Bail – Sections 143, 147, 149, 323, 387, 427, 452, 504, 506, 406, 403, 420, 467, 468, 471, 120B, 34 of the IPC -Grave Offences of Property Trespass and Threatening Complainant – Anticipatory Bail Cancelled – The appeals arose from the grant of anticipatory bail to the accused, including the estranged husband of t...
Criminal revision against conviction under Section 138 of NI Act – Petition challenging concurrent judgments convicting petitioner for dishonour of cheque due to i
Cheque Dishonour – Presumption under Section 139 NI Act – Conviction Upheld – The petitioner challenged concurrent findings of conviction under Section 138 of NI Act alleging that the cheque was lost and misus...