Negotiable Instruments Act – Interpretation of Sections 138 and 143-A – Supreme Court affirms Bombay High Court’s interpretation that the term “drawer” in Section 143-A of the NI Act refers solely to the issuer of the cheque and does not include authorized signatories of the company. The Court held that the primary liability under Section 143-A is on the drawer, which...
Criminal Procedure - Quashing of FIR based on Compromise - Section 307 IPC - High Court's power under Section 482 CrPC to quash criminal proceedings even in non-compoundable offenses if the settlement serves justice and prevents abuse of process - The court emphasized that each case should be considered on its own merits, evaluating the possibility of conviction, nature of injuries, weapon use...
Criminal Law – Anticipatory Bail – Onerous Conditions – The High Court granted anticipatory bail to the appellant with the condition to file a joint affidavit with the complainant, undertaking to fulfill all physical and financial requirements of the complainant – The Supreme Court criticized the imposition of such impractical and onerous conditions, stating they could be c...
Criminal Law - Conviction for Murder and Unlawful Assembly - Appellants challenged the conviction under Sections 147, 148, 302 r/w 149, and 307 r/w 149 IPC - Supreme Court upheld the conviction and sentences - Appellants' participation as part of the unlawful assembly with common object to commit murder established - No active role needed for conviction under Section 149 IPC [Paras 1-33].
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Criminal Law - Conviction based on Testimony of Chance Witness - Appeal against conviction under Section 302 IPC - Testimony of chance witness lacked corroboration and was unreliable - Conviction set aside - The court held that reliance on an uncorroborated chance witness was rash, especially given the improbabilities in the witness's account and his delayed reporting of the incident. The chan...
Criminal Law – Discharge Application – Appellant sought discharge from charges of rape and criminal intimidation – Lower courts dismissed the application, framing charges based on prima facie evidence – Supreme Court re-evaluates the sufficiency of evidence, including contradictions in prosecutrix’s statements and lack of material evidence [Paras 1-19].
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Criminal Law - Bail Application - Compliance with Statutory Provisions - NDPS Act: Application for regular bail under Section 439 CrPC - Allegation of non-compliance with Sections 42 and 50 of the NDPS Act in the search and seizure process - Held, the Sub-Inspector duly sent the information to his superior officer as required by Section 42(2) NDPS Act - The contention that the officer who conveyed...
Criminal Law – Appeal against Acquittal – Narcotic Possession – Respondent acquitted of possessing 900 grams of charas by trial court – High Court dismisses State’s appeal due to lack of compelling evidence and procedural flaws in the investigation – Critical emphasis on the reliability of witness testimonies and adherence to legal procedures – Significant...
Indian Penal Code, 1860 - Sections 302, 307, 506, 148, 149 - Conviction - Complainant party alleged accused of committing murder - Medical evidence indicated a 12 bore shot fired from close range, contradicting the complainant's version of indiscriminate firing from a distance - Held, the medical evidence did not support the ocular version of the complainant and eyewitnesses - Conviction set a...
Criminal Law – Negotiable Instruments Act – Vicarious Liability of Directors – Ex-Director Liability – Petitioner resigned prior to issuance of disputed cheque – Form No. 32 and annual return showed resignation – Held, Magistrate not justified in summoning petitioner without specific averments in the complaint regarding his role in conduct of company’s bus...