Criminal Law – Negotiable Instruments Act – Section 138 – Complaint for dishonor of cheques under Section 138 of the NI Act – The petitioner, residing outside the territorial jurisdiction, argued that the Magistrate should have conducted an inquiry under Section 202 CrPC before issuing summons – Held: Under Section 145 of the NI Act, evidence of the complainant can be...
Suspension of Sentence – Section 389 of the CrPC – Suspension of Fine Allowed – The respondent’s sentence, including a fine of Rs.95,00,000, was suspended by the High Court pending appeal – Held: Section 389 of the CrPC empowers the appellate court to suspend both the sentence of imprisonment and the fine – The High Court’s suspension of the fine was valid...
Criminal Law – Murder – Acquittal – Appeal Against Acquittal – The appellants were convicted by the Trial Court for the murder of the deceased, Naseem Khan, under Section 302 IPC read with Section 34 IPC, based on testimonies of the deceased’s family members as eyewitnesses and corroborative medical evidence – Upon appeal, the High Court reversed the conviction,...
Criminal Procedure – Application under Section 482 Cr.P.C. – Petitioners sought quashing of the charge-sheet, cognizance order, and ongoing proceedings – Allegation of dismantling boundary marks and issuing threats – Contention that the dispute was civil in nature and the criminal proceedings were initiated as a form of harassment – Impugned cognizance order issued on...
Anticipatory Bail – UAPA Provisions – Application of Section 43D(4) UAPA – Petitioners sought anticipatory bail under Section 438 Cr.P.C. contending lack of prima facie evidence – High Court upheld rejection of anticipatory bail by NIA Special Judge – Emphasized statutory bar under Section 43D(4) UAPA precluding anticipatory bail – Detailed examination of eviden...
Criminal Law – Acquittal of Accused – Appeal against acquittal in a case of alleged murder of Bipin Kumar – Trial Court acquitted the accused based on lack of evidence – High Court upheld the acquittal, finding no compelling reason to interfere with the Trial Court's judgment [Paras 61-63].
Evidence – Sufficiency of Proof – Prosecution failed to establish...
Bail Application – PMLA Provisions – Petitioner sought regular bail under Section 439 Cr.P.C. – Contended absence of scheduled offence linkage and non-completion of scheduled offence investigation – High Court evaluated provisions of PMLA, nature of allegations, and evidence presented – Emphasized stringent conditions under Section 45 PMLA for bail – Recognized ...
Externment Order – Bihar Control of Crimes Act, 1981 – Principles of Natural Justice – Petitioner challenged the externment order dated 22.10.2023 – Contended that notice period was less than 24 hours – High Court found violation of natural justice due to impractical notice period – Highlighted that the petitioner could not be classified as an anti-social elemen...
Second FIR – Prohibition – Petitioner seeks quashing of orders for registering a second FIR based on same transaction – First FIR registered by the bank involving allegations of financial misappropriation – Complaint by third party initiated subsequent proceedings under Section 156(3) Cr.P.C. – Investigating officer had already considered the third party's complai...
Commercial Courts Act – Definition of Commercial Dispute – Partnership Agreement – The appellants contended that the dispute arising out of a Memorandum of Understanding for the reconstitution of a partnership firm should be classified as a "commercial dispute" under Section 2(1)(c) of the Commercial Courts Act, 2015. However, the court held that the MOU related to a fu...