Negotiable Instruments Act – Compounding of Offence – Petitioners sought to compound the offence under Section 138 of the N.I. Act – Application dismissed by the appellate court due to lack of consent from the complainant – Court emphasized that consent of the complainant is essential for compounding under Section 147 of the N.I. Act – Distinguished from the Supreme C...
Criminal Law – Conviction under Section 420 IPC and Section 138 of the Negotiable Instruments Act, 1881 – High Court finds conviction under Section 420 IPC not sustainable due to lack of evidence of dishonest intention at the inception of transaction – Complaint under Section 138 of N.I. Act found to be premature – Convictions set aside with liberty to complainant to file f...
Dowry Prohibition Act – Conviction under Section 4 – Petitioner convicted for demanding dowry from his wife and her family, including Maruti car, color TV, and fridge – Trial court sentenced him to 6 months’ simple imprisonment and a fine of Rs. 5,000 – Appellate court upheld the conviction but modified the default sentence to one month’s imprisonment [Paras 1-2...
Criminal Law – SC/ST Act – Appeal against the order directing registration of FIR and prosecution of public servant – Complaint by Respondent No. 2 alleging caste-based insults at an equestrian training academy – High Court directed registration of FIR and prosecution of the SHO for not acting on the complaint – Supreme Court quashed the FIR and set aside the prosecut...
Criminal Law – Trial Court Procedures and Judicial Conduct – Examination of procedural violations in trial court proceedings leading to death sentence under Section 376AB IPC and Section 4 of POCSO Act, 2012 – Accused's rights to fair trial compromised due to expedited process without adequate representation and consultation – High Court set aside conviction and sentenc...
Criminal Law – Cancellation of Anticipatory Bail – Factors Considered – Criminal petitions filed under Section 439(2) of Cr.P.C. for cancellation of anticipatory bail granted to private respondents in a case involving allegations under Sections 323, 406, 498-A, 506, and 34 IPC, and Section 25 of the Arms Act – Anticipatory bail granted by the Additional Sessions Judge, Fari...
Negotiable Instruments – Section 138 – Quashing of Complaints – Grounds for Quashing – Petitioner contended that the complaints should be quashed due to the absence of partnership deed and authorization, and lack of requisite license under the Money Lenders and Accredited Loan Providers Act – High Court held that authorization and partnership deed issues should be exa...
Negotiable Instruments Act – Bail Conditions – Revisionist challenged the order directing him to deposit 20% of the fine amount for bail – Contention that the deposit is not mandatory but directory – Additional Sessions Judge’s order considered lawful and not mechanical – Revision dismissed [Paras 1-16].
Section 148 of the Negotiable Instruments Act...
Criminal Law – Regular Bail under Section 439 Cr.P.C. – Appeal against High Court’s orders granting bail to accused in a double murder case – High Court’s orders set aside due to failure to consider the gravity of the offense, the role attributed to the accused, and the potential for witness tampering – Accused directed to surrender within two weeks [Paras 2, 6-...
Criminal Law - Compliance with Procedural Requirements - Appeal against High Court's decision confirming partial cognizance by Special Judge, NIA - High Court found that the complaint was in accordance with Section 4(1)(e) of CrPC, 1989 and that Section 196-B did not mandate a preliminary investigation - Held that Special Judge, NIA erred in concluding non-compliance with Section 196-A of CrPC...