Negotiable Instruments Act – Section 138 – Conviction and Sentence – Trial court convicted petitioner for dishonour of cheque and imposed sentence of one year simple imprisonment with compensation of Rs.18,00,000/- – Appellate court suspended sentence subject to deposit of 20% of compensation – Legality of such conditional suspension examined [Paras 1–3].
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Anticipatory Bail – Scope of Section 482 BNSS – Petitioners accused of wrongful restraint, criminal intimidation and causing grievous hurt resulting in fracture – Prosecution alleged assault with iron rod in furtherance of common intention – Defence contended false implication due to political influence and counter-assault on petitioners supported by medical records –...
Criminal Law – Murder and Attempt to Murder – Conviction under Sections 302 and 307 IPC – Acquittal on Appeal – Appellant convicted by Trial Court for shooting deceased and injuring two others – High Court finds that prosecution failed to prove the case beyond reasonable doubt due to serious contradictions in ocular, medical and scientific evidence – Held: Convi...
Default Bail – NDPS Act – Section 36A(4) – Extension of Investigation Period – Petitioner arrested on 15.05.2025 – Statutory period of 180 days expired on 11.11.2025 – Special Court granted extension of 120 days on 31.10.2025 on report of SPP – Accused neither produced physically nor virtually and no notice given at the time of consideration of extension &...
Criminal Contempt – Scandalising the Court – Repeated Allegations of Case Fixing and Corruption – Accused made reckless, false and unsubstantiated allegations against Members of Central Administrative Tribunal and Judges of the High Court in pleadings, affidavits, representations and oral submissions – Allegations included “case-fixing-deal-crime”, corruption, i...
Criminal Law – Murder – Appeal against Conviction – Life Imprisonment – Appellants convicted under Section 302/34 IPC for causing death of deceased Kallu by lathi and danda – During pendency of appeal three appellants died and appeal abated against them – Appeal considered only in respect of surviving appellant Bakuni – Held: Prosecution failed to prove gu...
Criminal Law – Mischief by Fire – Conviction under Section 436 read with Section 34 IPC – Revisional Challenge – Petitioners convicted for forcibly entering complainant’s house and setting it on fire while minor girls were present – Trial Court conviction affirmed by Appellate Court – High Court held that no illegality, impropriety or perversity found in c...
Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...
Negotiable Instruments Act, 1881 - Section 138 - Legally Enforceable Debt - Violation of Income Tax Act, 1961 - Section 269SS - Cash Transaction exceeding Rs. 20,000 - Effect on enforceability of debt - Presumption under Section 139 NI Act - Breach of Section 269SS does not render transaction unenforceable or rebut presumptions under NI Act - Penal provision only.
Negotiable Instruments Act, 18...
Criminal Law – Dowry Death – Section 304B IPC – Acquittal – Accused convicted under Sections 304B and 498A IPC by Trial Court – Conviction upheld by High Court – Deceased wife and infant child found dead in well – Alleged demand for gold ring and chain at ‘Chhoochhak’ ceremony held as insufficient to constitute a "dowry demand" under ...