Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheques – Essential Ingredients – Complaint filed under Section 138 of the NI Act lacked specific averments that the appellant, as the authorized signatory of the company, was in charge of and responsible for the conduct of its business – Held: Such averments are statutorily mandatory to maintain a complain...
Criminal Law – Rash and Negligent Driving – Conviction under Sections 279 and 304A IPC – Petitioner driving a Qualis vehicle at high speed collided with a motorcycle, causing the death of the rider and injuries to the pillion – Trial Court convicted the petitioner, sentencing him to 6 months S.I. under Section 304A IPC and a fine of ₹1,000 under Section 279 IPC – Co...
Negotiable Instruments Act, 1881 – Dishonour of Cheque – Individual vs. Corporate Liability – Accused acquitted for the offence under Section 138 of the NI Act as the cheque was drawn on an account maintained by the company (Shilabati Hospital Pvt. Ltd.), and the company was not impleaded as an accused – Held: A director or authorized signatory cannot be held liable in thei...
Criminal Procedure Code, 1973 – Discharge under Section 239 Cr.P.C. – Prima Facie Case – High Court set aside the charges framed under Section 109 IPC read with Section 13(1)(e) punishable under Section 13(2) of the Prevention of Corruption Act, 1988, and discharged the respondent – Held: The Trial Court correctly found prima facie case against the respondent based on the i...
Bail – Conditions for Grant – Judicial Custody Duration – Petitioner arrested for assault with a wooden stick, causing grievous injuries – Petitioner in custody for 30 days, investigation complete, no criminal antecedents – Bail granted with stringent conditions to prevent evidence tampering and ensure compliance with legal procedures [Paras 1-10].
Criminal Jurispr...
Criminal Procedure – FIR Quashing – Section 482 Cr.P.C. – Allegations of dowry harassment and assault – Petitioner claims false implication due to long-standing family estrangement – Court examines specific allegations and finds prima facie case warranting investigation – Application dismissed [Paras 1-18].
Investigation – Role of Accused &nda...
Petitioner’s Arrest and Application for Default Bail – Bharat Bhushan, the petitioner, was arrested on 07.03.2023 – Arrest in connection with FIR No.168 involving charges under the NDPS Act, 1985 and the Drugs and Cosmetics Act, 1940 – Application for default bail under Section 167(2) of Cr.P.C. after the lapse of 180 days of investigation period – Dismissal of the ap...
Criminal Law – Murder Conviction – Reliance on Evidence – A1, A2, and A3 were convicted of murder and related offenses. Witnesses PW1 to PW3 initially supported the prosecution but later turned hostile. The FIR’s timing was questioned, and discrepancies were found in the Accident Register. Prosecution’s failure to conclusively establish involvement of A2 and A3 led to...
Freedom of Press – Sting Operation – Legal Boundaries – Petitioners, media persons, conducted a sting operation inside a jail to record an accused’s statement. The Court emphasized the critical role of the press in a democracy but highlighted the necessity of adhering to legal boundaries. It underscored that while the media has significant freedom, this does not exempt it f...
Criminal Law – Discharge of Accused – Revision petitions filed by Bharati Tamang and CBI challenging the discharge of Bimal Gurung by the Chief Judge, City Sessions Court – Case pertains to the murder of Madan Tamang, president of All India Gorkha League, in broad daylight – Chief Judge’s discharge order based on lack of sufficient evidence against Bimal Gurung found ...