Criminal Appeal – Section 138 of the Negotiable Instruments Act – Complaint filed against accused for dishonour of cheques – Accused acquitted by Magistrate – Appeal by complainant – Complainant firm represented by its Branch Manager – Assertion of complainant's status present in the complaint – Evidence of partnership deed and registration of firms pr...
Dismissal for Want of Prosecution – Challenge against Special Metropolitan Magistrate's order dismissing complaint for non-appearance of complainant under Section 256 Cr.P.C. - Acquittal of accused for charges under Section 138 of the Negotiable Instruments Act due to complainant's absence on several court dates, despite history of presence and legal representation [Para 1-6].
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Revision Petition against Summoning Order – Accused challenging summoning order in a drug-related case – Accused claiming valid drug license at the time of supply –– Petition filed under CrPC Section 482 and Article 227 –– Accused declared proclaimed offender for non-appearance. [Para 1-18]
Criminal Offense - Section 27 (b) (ii) of the Drug and Cosmetics Acts...
Criminal Law – Petition under Section 482 Cr.P.C. – Challenge to impugned order rejecting deferment of hearing on charge – Accusations of criminal conspiracy and corruption in Delhi Excise Policy 2021-22 – Petitioner contends investigation incomplete and seeks delay until supplementary chargesheet against co-accused is filed – Learned Trial Court dismissed application...
Criminal Appeal – Rape Charges – Acquittal by trial court – Prosecution's challenge to acquittal – Prosecution argues that the trial court erred in finding the statements of the prosecutrix and her daughter unbelievable – Scope of re-appreciation of evidence in cases of acquittal discussed – Contradictory statements made by the prosecutrix regarding the role...
Murder Acquittal Upheld – Criminal Appeal against Sessions Court Acquittal – Respondent acquitted of charges under Section 302 IPC – High Court finds no conclusive evidence of commission of the offence by the respondent, raises concerns about the credibility and sufficiency of prosecution evidence – Observes unnatural behavior and inconsistent testimonies of key witnesses &...
Criminal Procedure – Quashing of FIR – Settlement between parties – Petitioner sought quashing of FIR No.654/2021 dated 30.11.2021 under Sections 354D IPC, 1860, and Section 12 of POCSO Act, 2012 – Medical evidence indicating petitioner’s mental health issues – Settlement between parties – Father of the victim consenting to quash the FIR – Medical bo...
Companies Act Offense Jurisdiction – Cognizance of offenses under Section 447 of the Companies Act, 2013, can only be taken based on a complaint made by the Director, Serious Fraud Investigation Office (SFIO), or an authorized Central Government officer, not on a private complaint – Complaint under Section 447 by a shareholder held not maintainable on jurisdictional grounds. [Paras 22-...
Cheque dishonor under section 138 of NI Act - Dispute between Lokesh Thakkar and Amandeep Singh regarding investment and financial transactions - Amandeep Singh, as Director of M/s Shalini Securities Private Limited, issued 11 cheques amounting to Rs. 50 lakhs each, which got dishonored due to "Funds Insufficient" - Allegations and averments made against M/s Shalini Securities Private Li...
Bail Application – Second application for regular bail – Petitioner accused of committing an offence under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Allegation of transporting contraband – Arrested with a significant quantity of Ganja – Search conducted between sunset and sunrise – Compliance of 2nd proviso to Section 42 of...