Dishonour of Cheque – Presumption under Section 139 N.I. Act – Rebuttal by Accused – Acquittal Upheld - The appellant alleged that the respondent borrowed Rs. 5,00,000 and issued a cheque, which was dishonoured for insufficient funds – The appellant argued that the memorandum of understanding executed by the respondent during the pendency of the case admitted the debt and i...
Bail Application – Offenses under Bharatiya Nyaya Sanhita and Motor Vehicles Act – Applicant arrested for rash driving under the influence of alcohol (42.5% BAC), evading checkpoints, and damaging public property – Charged under Section 110 of the Bharatiya Nyaya Sanhita (non-bailable), along with bailable offenses under the Bharatiya Nagarik Suraksha Sanhita and Motor Vehicles A...
Criminal Law – FIR Quashing - Mines and Minerals (Development and Regulation) Act – Requirement of Authorized Complaint – Section 22 of the Act – FIR quashed for prosecution initiated without a written complaint by an authorized officer as mandated by Section 22 of the Act, 1957 – Cognizance of offences under the Act or its Rules can only be taken upon such authorized...
Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...
NDPS Act – Quashing - Admissibility of Statements under Section 67 – Reliance on Co-Accused’s Statement Quashed – The petitioner was implicated in the case solely based on the confessional statements of co-accused under Section 67 of the NDPS Act. Held: Such statements, being inadmissible under Section 25 of the Evidence Act as per Tofan Singh v. State of Tamil Nadu, cannot...
Criminal Law - Challenging dismissal of discharge - Prevention of Corruption Act and Indian Penal Code – Discharge of Accused – Allegations of Misappropriation – Petitioner (Accused No. 11), a customer of Elamgulam Service Co-operative Bank Ltd, charged under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 409, 420, 468, 4...
Negotiable Instruments Act – Interim Compensation – Prospective Effect of Section 143A – Amendment introducing Section 143A is prospective in operation – Provision applies only to complaints filed after its enactment on 01.09.2018 – Imposition of interim compensation on complaints filed prior to this date is impermissible – Held: Legislative intent and settled p...
Criminal Law – Anticipatory Bail – Section 14A of SC/ST Act, 1989 – Maintainability – Petitioners sought anticipatory bail for offenses under IPC and SC/ST Act – Respondent argued bar under Sections 18 and 18A of SC/ST Act on anticipatory bail – High Court held that where allegations prima facie disclose offenses under the SC/ST Act, anticipatory bail petitions ...
Criminal Law – Murder Conviction – Acquittal – Appeal by Accused under Section 302 IPC – The appellants were charged for the murder of Anoop at Nettayam Junction on 08.07.2010 – The first accused inflicted fatal injuries with a chain saw, while the second and third accused allegedly assisted in furtherance of common intention – Trial court convicted all accused ...
Criminal Law – Quashing - Breach of Contract – Civil Nature – Ingredients of Cheating Absent – FIR Quashed – The petitioner failed to appear as a guest artist at agreed events despite receiving an advance payment. The court held that mere breach of contract without fraudulent or dishonest intention at the outset does not constitute the offence of cheating under Sectio...