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 – FIR Quashing - Declaration as Proclaimed Person – Procedural Non-Compliance – Order Quashed – The petitioner was declared a proclaimed person in proceedings arising out of a complaint under Section 420 read with 120B IPC – The Trial Court issued a proclamation under Section 82 CrPC without first issuing summons or bailable warrants – Held: Failure...

Transfer of Investigation – CBI – Petition seeking transfer of investigation to CBI due to alleged bias and interference by influential respondents – Court finds investigation biased and aimed at weakening prosecution's case – Directions for CBI investigation issued [Paras 1-19]. False Affidavits and Fraud – Accusations against Amarjeet Kaur and her daughters f...

Negotiable Instruments Act – Section 138 – Conviction based on dishonour of cheque – Petitioner convicted and sentenced to rigorous imprisonment for two years and compensation of Rs. 5,50,000 – During revision, parties reached a compromise – Court directed statements to be recorded and verified the compromise – Genuineness confirmed, and proceedings quashed [Par...

Quashing of Proceedings – Criminal Intimidation – Insufficient Material – Petition to quash final report and proceedings under Section 482 of Cr.P.C. – Allegations under Sections 366, 354(D)(1), 354, and 506 read with Section 34 IPC – Threat by 2nd accused related to an earlier incident not linked to the primary crime – Threat insufficient to constitute criminal...

Criminal Law – Forgery and Corruption – Conviction Based on Documentary Evidence – The appellant, a Traffic Superintendent with Indian Airlines, was convicted for tampering with airline tickets, issuing an infant ticket in a fictitious name and converting it into an adult ticket for monetary gain – Held: The evidence, including handwriting expert analysis and witness testim...

Criminal Law - Murder for Gain – Robbery and Killing of Employer – Conviction Under Sections 396 and 302 IPC – The appellants were former employees of the deceased’s plywood business—Due to past conflicts, they planned and executed a robbery at his residence, resulting in his murder – Trial Court relied on eyewitness testimony, forensic findings, CCTV footage, a...

Parole – Right of Convicts – Arbitrary Rejection Not Permissible – The petitioner, convicted under Section 22(c) of the NDPS Act, sought parole for eight weeks, which was denied on the grounds that he might engage in drug smuggling and disrupt elections – Held: Mere apprehensions without supporting material cannot justify denial of parole – No credible evidence was pr...

Criminal Writ - Criminal Investigation – Direction for Crime Branch Investigation – Articles 226 & 227 of the Constitution of India – Investigation Ordered – The petitioner alleged fraud and coercion by police officials, stating that despite multiple complaints, no action was taken – The petitioner and his wife were allegedly abducted and subjected to harassment &...

Criminal Law – FIR Quashing - Second FIR – Maintainability – Violation of Article 20(2) – FIR Quashed – The petitioner challenged the second FIR filed under the Gujarat Land Grabbing Act, arguing that it was based on the same set of allegations as an earlier FIR registered under IPC – The Court held that the registration of a second FIR for the same incident is ...

Bail Cancellation – Non-Service of Mandatory Notice – Section 15(A) of SC/ST Act – Petitioner sought cancellation of bail on the ground that he was not informed before the bail hearing – Bail was granted on 28.11.2022, but the official notice was sent only on 03.12.2022, after the bail order – Held: Section 15(A) of the SC/ST Act mandates prior notice to the victim be...