Section 138 NI Act | Cheque Bounce Complaint Cannot Be Dismissed At Threshold Merely For Non-Production Of Postal Track Report: Madhya Pradesh High Court Departmental Dismissal Based On Identical Evidence Discarded By Criminal Court Amounts To 'No Evidence': Orissa High Court Kerala Lok Ayukta Amendment Upheld: High Court Rules Lok Ayukta Is Not A Court, Its Declaration Can Be Changed To Recommendation Subsidized Industrial Plots Are Meant To Generate Employment, Allottees Must Strictly Adhere To Timebound Project Schedules: Supreme Court Allottees Cannot Keep Subsidised Land Unutilised: Supreme Court Upholds Cancellation Of Piaggio's UP Industrial Plot CAG Audit Cannot Substitute Criminal Investigation To Trace Money Trails: Supreme Court Supreme Court Directs CBI To Probe Arunachal Pradesh Public Contracts, Says Constitutional Violation Not Diluted By Statistics Common Intention Under Section 34 IPC Cannot Be Presumed Merely Because Multiple Accused Participated In A Sudden Fight: Supreme Court Mere Use Of Abusive Word 'Bastard' Does Not Amount To Obscenity Under Section 294(b) IPC: Supreme Court Independent Medical Board's Opinion Crucial To Prevent Harassment Of Doctors In Consent Disputes: Supreme Court Quashes Criminal Case High Court Can Examine Questions Of Fact Under Section 482 CrPC To Prevent Abuse Of Process: Supreme Court Quashes Criminal Case Against Surgeon 'Every Link Must Be Conclusively Established': Supreme Court Acquits Constable In Murder Case, Reiterates Strict Standard For Circumstantial Evidence Murder Conviction Cannot Rest Solely On Voice Identification In Darkness: Supreme Court Acquits Police Constable After 12 Years CCTV Footage Belies Assault Claims: Supreme Court Quashes Criminal Case Against Neighbours Karta Cannot Gift Entire Joint Family Property To One Coparcener Without Consent; Settlement Void Ab Initio: Madras High Court Fresh Application For Return Of Plaint Barred By Res Judicata Despite Favourable Supreme Court Ruling On Jurisdiction: Bombay High Court Registration Of Adoption Deed Not Mandatory For Compassionate Appointment Under Hindu Adoptions Act: Madhya Pradesh High Court Insurance Company Cannot Claim Contributory Negligence Without Examining Driver Or Challenging Charge Sheet: AP High Court Accused In Child Pornography Cases Cannot Be Discharged Merely Because Age Of Unidentified Victims Cannot Be Conclusively Proved: Delhi High Court Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court 138 NI Act | Signing Board Resolution Doesn't Make Director Liable For Cheque Bounce: Supreme Court Written Reply To Show Cause Notice Sufficient, No Right To Personal Hearing For Borrowers Before Fraud Classification: Supreme Court Upholds RBI Master Directions Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court

"CRIMINAL LAW" Digest

Criminal Law – Murder of Wife – Appeal against conviction - Dying Declaration – Reliability and Contradictions – Conviction Set Aside – The deceased initially stated to a doctor (PW-13) and police constable (PW-9) that she caught fire accidentally while cooking – Subsequently, in a statement recorded by the Judicial Magistrate (PW-12), she alleged that the appel...

Negotiable Instruments Act – Section 138 – Vicarious Liability of Non-Executive Directors – Applicability of Section 141 – The appellants, non-executive directors of the accused company, were prosecuted for dishonour of cheques issued towards repayment of an Inter-Corporate Deposit (ICD) – The cheques were neither signed by the appellants nor were they involved in fin...

Bail Application – Accused Charged Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – Consideration of Offense Severity – Bail Granted - The appellant was accused of assaulting the complainant’s husband with a beer bottle, causing injuries, and making caste-based derogatory remarks. The Special Judge rejected bail, citing incomplete investi...

Criminal Law - Juvenile Justice – Joint Proceedings – Section 23 of JJ Act – Trial of Child in Conflict with Law Separately – The petitioner, a child in conflict with law (CCL), challenged the order permitting his joint trial with an adult co-accused before the Children’s Court – The prosecution argued that once a child is assessed for trial "as an adult,&q...

Criminal Revision – Conviction for Fraud – The petitioner was convicted for offenses under Sections 403, 467, 468, 471, and 120-B IPC, involving the fraudulent manipulation of lapsed insurance policies to siphon funds using fake accounts – The petitioner’s conviction was upheld by both the Trial Court and the Appellate Court – High Court found no legal infirmity in th...

Amendment of Complaint – Domestic Violence Act – Correction of Errors – The petitioner challenged the trial court’s order permitting the respondent to amend the complaint filed under Section 12 of the Domestic Violence Act – The respondent had inadvertently left the monetary relief sections blank in the original complaint – Held: The amendment was a correction o...

Quashment of Proceedings – Settlement and Lack of Evidence – Petitioner sought quashment of proceedings under Section 482 Cr.P.C. based on an affidavit from the de facto complainant indicating settlement – Allegations of rape, cheating, and intimidation found to stem from financial disputes and delayed payments, and lack substantial evidence – Court emphasized the principle...

Criminal Law – Quashing of Final Report – Petition under Section 482 Cr.P.C. – Petitioner accused of offences under Section 15(1) of POCSO Act and Section 67B of IT Act – Allegations of sharing and transmitting pornographic material involving a child – No material evidence to show petitioner shared or transmitted such material – Mere possession or storing withou...

Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Principles – Petitioner sought quashing of FIR alleging cheating and breach of trust – Contention that the dispute was purely civil in nature – High Court considered the necessity to prove fraudulent intention at the inception of the transaction for the offence of cheating to be made out – Emphas...

Criminal Law - Bank Fraud – Criminal Conspiracy – Misuse of Credit Facility – Conviction Upheld – The accused, in conspiracy with a bank manager, obtained fraudulent credit facilities, causing wrongful loss to the bank – Loan limits were enhanced despite non-payment of earlier dues, and cheques presented by the accused were dishonored – Held: The appellants coll...