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 Procedure – Reinvestigation Authority – Magistrate directed reinvestigation of a road accident case after closure report was accepted – Petition contended lack of jurisdiction under J&K Cr.P.C. to order reinvestigation – High Court held Magistrate can only direct further investigation, not reinvestigation – Orders directing reinvestigation set aside [Para...
Food Adulteration – Conviction and Sentence – Petitioner, an employee of M/s M.K. Oil & Flour Mill, convicted for selling adulterated mustard oil – Case initiated after mustard oil sample collected by A.C.M.O.H. found adulterated with rice bran oil by Public Analyst – Trial Court sentenced petitioner to 3 years rigorous imprisonment and Rs. 5,000 fine, in default furthe...
Criminal Law – Sexual Assault – Conviction under Section 354B IPC and Section 10 of POCSO Act – Appeal against conviction by the Trial Court – Accused argued lack of medical evidence of penetrative assault, investigation lapses including failure to seize mobile phone showing obscene images to the victim – Court upheld conviction, citing consistent testimony of the vic...
Criminal Law – Inclusion of POCSO Charges – Petitioner challenged the rejection of her application for addition of Section 12 of the POCSO Act – Case initially filed under Sections 363 and 366A IPC for enticement of minor daughter – Trial Court dismissed inclusion of POCSO charges citing lack of sufficient material – High Court upheld the dismissal, confirming no evid...
Criminal Law – Bail Rejection – Appellants (A-4 and A-12) seeking bail for the alleged murder of a social worker – Trial court rejected bail citing seriousness of the offence and potential threat to witnesses – High Court scrutinizes the sequence of events, including the deceased’s aggressive behavior and the appellants’ claim of self-defense – Emphasizes ...
Criminal Law – Conviction under Section 138 of NI Act – The petitioner was convicted by the Trial Court and the conviction was upheld by the Appellate Court – Petitioner issued cheques which were dishonored due to insufficient funds – Trial Court relied on the presumption under Section 139 of the NI Act – Petitioner argued that cheques were issued as security for othe...
Negotiable Instruments Act, 1881 – Cheque Dishonor – Respondent accused of dishonoring a cheque issued to discharge a hand loan of Rs. 4,50,000/- – Trial court acquitted the respondent, finding the complainant entitled to Rs. 50,000/- with interest, observing doubts regarding the loan transaction – High Court held trial court erred in assessing evidence and misinterpreted t...
Evidentiary Value of School Admission Register –
Accused argued that Ex.P8, the extract of the school admission register, lacked evidentiary value as the author was not examined – Prosecution contended Ex.P8 is a public document under Section 74 of the Evidence Act, and secondary evidence of a public document can be produced under Section 65€ – Court held that Ex.P8, issu...
Negotiable Instruments Act - Maintainability of Complaint - Proprietorship Firm
Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings under Section 138 of the N.I. Act - Payee of the cheque was "Sri Vasavi Traders" - Complaint filed by S.M. Ravindrashetty, the sole proprietor of the payee firm - Contention that the complaint must be filed in the name of the payee...