Negotiable Instruments - Cheque Bounce - Acquittal - Appeal against acquittal under Section 138 of the Negotiable Instruments Act - Trial court held that complainant failed to prove the cheque was issued in discharge of legally enforceable debt - Presumption under Section 139 rebuttable - Accused raised a probable defense - Appeal dismissed. [Paras 9-11]
Presumption and Burden of Proo...
Criminal Law - Bail Cancellation - Non-Appearance of Counsel - Petitioners' bail bonds cancelled and arrest warrants issued due to counsel's failure to appear - Petitioners claimed non-appearance was due to wrongly noted hearing date - Held, purpose of issuing summons, warrants, etc., is to ensure presence of accused for trial - Petitioners' willingness to appear and join proceedings n...
Criminal Law - Sentencing - Reduction of Sentence - Petitioner convicted under Section 14(1A) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sentenced to 8 months rigorous imprisonment and fine of Rs. 6,000/- by Chief Judicial Magistrate - Sentence reduced to 6 months on appeal - Revision petition seeks further reduction due to protracted trial and personal circumst...
Criminal Law – Extension of Investigation Period – Default Bail – The petitioners challenged the trial court’s order granting a two-month extension for the completion of the investigation and filing of the final report under Section 36A(4) of the NDPS Act, 1985, without issuing notice to the accused. The court held that even though the proviso to Section 36A(4) does not spe...
Criminal Law – Application under Section 319 Cr.P.C. – Summoning Additional Accused – The petitioner challenged the order of the Additional Sessions Judge dismissing the application to summon respondent Nos. 2 to 7 as additional accused. Held, the trial court erred in not appreciating the intent of Section 319 Cr.P.C., which mandates proceeding against persons appearing to have c...
Criminal Law - Anticipatory Bail - Forgery and Fraudulent Loan Acquisition - Petition under Section 438 Cr.P.C. - Allegations of forging revenue records to falsely show co-accused Satpal’s ownership instead of the complainant’s for securing a bank loan - Petitioner accused of assisting in the fraud - Held, petitioner’s role in creating a charge on the property through forgery is ...
Criminal Law - Quashing of FIR - Settlement Between Parties - FIR under Section 174-A IPC quashed after settlement in complaint under Section 138 of the Negotiable Instruments Act - Continuation of prosecution not justified - FIR and all consequential proceedings quashed subject to cost payment. [Para 10]
Section 138 NI Act - Withdrawal of Complaint - Impact on FIR under Section 174-A...
Criminal Law - Delay in FIR and Material Contradictions - Criminal Appeal against acquittal - Case involving charges under Sections 420, 376, 328, and 506 IPC - Acquittal by trial court based on non-credibility of the prosecutrix's statements and absence of corroborative evidence - Held, delay in filing FIR and material contradictions in the statements of the prosecutrix, along with the failur...
Excise Law - Quashing of FIR - Criminal Petition to quash FIR under Section 61 of the Punjab Excise Act, 1914 - FIR registered for possession of liquor without authority - Held, post-amendment by Punjab Act No. 10 of 2003, the adjudication of such offenses is within the jurisdiction of the Excise Department - FIR registered by police is void ab initio - Petition allowed - FIR and consequential pro...
Criminal Law - Quashing of Summoning Order and Complaint – Criminal miscellaneous petition against summoning order by trial court and subsequent affirmation by revisional court – Summoning of government officials for offenses under IPC without prior sanction under Section 197 Cr.P.C. – Allegations of illegal eviction and theft by government officials of PGIMS Rohtak – Supre...