Negotiable Instruments Act – Section 138 – Dishonour on Ground of Signature Mismatch – Whether Offence – Appellant supplied chemicals to respondent-company and 117 post-dated cheques issued by the company's authorised signatories were dishonoured by the bank on the ground that drawers' signatures were incomplete, no image was found, or signatures did not match &ndas...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Sentence – Revisional Jurisdiction of High Court – Perverse Reduction of Fine – Respondent-accused issued two cheques for Rs.2,00,000/- and Rs.50,00,000/- respectively, both of which were dishonoured – Trial Court, upon recording conviction, sentenced the respondent to two years' imprison...
Fake Encounter – Acquittal – Appeal Against Acquittal – Prosecution Failure – Appellants, brothers of Sohrabuddin Shaikh, challenged the acquittal of respondent nos. 2 to 23 accused of murdering Sohrabuddin Shaikh, his wife Kausar Bi, and Tulsiram Prajapati in staged police encounters – Trial Court, after examining 210 witnesses (92 turning hostile), held that the pro...
Criminal Law – Interim Custody of Seized Vehicle – Section 503 BNSS – Registered Owner Not an Accused – Petitioner-registered owner of Fortuner Car (MP16-C-6019) gave the vehicle to friend Shivam Rai on 05.08.2025 for travel to Bhopal – Without the petitioner's knowledge, Shivam Rai handed the car to accused Nitin Dubey who allegedly used it to commit murder of hi...
Criminal Law – Bail – Parity – Armed Robbery – Accused No. 2 charged in connection with robbery at a co-operative society – Role attributed to petitioner as per Column No. 17 of charge sheet limited to standing guard in front of the society to prevent public from entering, purchasing a gunny bag, and collecting ornaments after the robbery – Actual robbery and th...
Immigration and Foreigners Act, 2025 – Section 21 – Quashing of Charge Sheet – Religious Persecution Exemption – Petitioner, a Hindu woman from Khulna, Bangladesh, entered India on 07.12.2024 through Ghojadanga Land Border with valid passport and VISA valid till 06.01.2025 – Married an Indian citizen in December 2024 – On 29.12.2025, implicated in Bongaon P.S. C...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail – Commercial Quantity – Prolonged Incarceration – Successive Bail Petition – Petitioner apprehended on 22.04.2024 with 540 grams of heroin recovered from personal search – Co-accused found with 480 grams – Challan filed – No prosecution witness examined out of 17 total &nd...
Criminal Law – Murder – Acquittal – Unreliable Eye-Witnesses – Projected Witnesses – Incident alleged to have occurred on 05.01.1979 at 06:30 a.m. in the first week of January when heavy fog reduces visibility — Prosecution examined PW-7 (informant/son of deceased), PW-8, PW-9 and PW-10 as eye-witnesses — PW-7 admittedly not present at spot and came to kno...
Criminal Law – Murder – Robbery – Circumstantial Evidence – Last Seen Theory – Five Golden Principles – Panchsheel – Appellant, a former driver sacked by truck owner, was last seen travelling with deceased driver Munna Mishra and cleaner Mohan on truck from Kanpur to Lucknow on 12.10.2005 – Dead bodies of driver and cleaner found on 14.10.2005 near T...
Criminal Law – Rape – Minor Victim – Consent Immaterial – Section 376(2)(n) IPC – Conviction Confirmed – Accused convicted by the trial court for kidnapping and rape of PW1, a minor girl aged 15 years and 6 months at the time of incident – Accused claimed consensual relationship – PW1's testimony established that sexual intercourse took place on ...