Negotiable Instruments Act – Conviction under Section 138 – Presumption Properly Raised – Appeal Dismissed – The appellant challenged the High Court's reversal of acquittal and conviction under Section 138 NI Act, arguing that foundational facts were not proved and no presumption under Sections 118 and 139 should have been raised – Held: Respondent had proved foun...
Cheque Dishonour – Presumption of Legally Enforceable Debt – Sections 118 & 139 of the Negotiable Instruments Act – Presumption Operated - The accused admitted the signature on the cheque but claimed the cheque was lost – The intimation of loss was found to be doubtful as it was lodged one year after the alleged loss – The accused failed to rebut the statutory pre...
Dishonour of Cheque – Illegality of Underlying Transaction – Prima Facie No Legally Enforceable Debt – The petitioner relied on Kerala High Court’s ruling in C.V. Rajan vs. Illikkal Ramesan (2015 SCC OnLine Ker 6780), arguing that even if an agreement was illegal under Section 23 of the Contract Act, cheque dishonour proceedings under Section 138 of the NI Act could still b...
NI Act, S.138(b) — Notice must demand the very cheque amount — Any variance renders notice invalid — Typographical error no defence — Complaint rightly quashed — Appeals dismissed
Negotiable Instruments — Section 138(b) — Meaning of “said amount of money” — Notice must demand the cheque amount and none other — Demand for a figure...
Dowry Death – Sentence under Section 304-B IPC – Reduction of Life Imprisonment – Husband Convicted – Sentencing Principles Applied – Appellant-husband convicted under Section 304-B IPC and sentenced to life imprisonment by Trial Court – Appellate Court held that life imprisonment is not mandatory under Section 304-B IPC and sentence must be proportionate to cul...
Negotiable Instruments – S.138 – Presumptions under Ss.118 & 139 – Cash loans over ₹20,000 not void for S.269SS breach; presumption still arises – Revisional court cannot upset concurrent findings absent perversity – Non-reply to demand notice permits adverse inference – “Blank cheque given to help secure bank loan” defence held unbelievable &n...
Negotiable Instruments Act – Limitation for Filing Complaint – Section 142(b) NI Act – Delay of Five Days – No Application for Condonation – Proceedings Quashed – Complaint under Section 138 filed beyond 30-day statutory period – Trial Court erroneously assumed filing was within limitation and issued summons; High Court upheld – Supreme Court held co...
Preventive Detention – Verification of In-Camera Statements – Subjective Satisfaction – Petitioner challenged preventive detention under MPDA Act alleging non-compliance with procedural safeguards – Contended that Detaining Authority failed to personally verify in-camera statements of witnesses – Held: It is not a legal requirement that the Detaining Authority must pe...
Criminal Law – Robbery – Doubtful Identification – Nighttime Crime – Conviction Set Aside – Petitioners (A1 & A3) convicted for stabbing and robbing two employees carrying ₹16 lakhs – Conviction confirmed by appellate court – However, eye-witnesses (PW1 & PW2) admitted to contradictions regarding identity, absence of lighting, prior exposure to a...
Criminal Law – Rape – Consent – Relationship Between Accused and Victim Found Consensual – Allegations of Drugging Not Substantiated – Appeal Against Acquittal Dismissed – Appellant challenged acquittal of accused under Sections 376, 376(2)(n), 376(d), 120-B, 342, 506 IPC and Section 67 IT Act – FIR filed 9 months after alleged incident – Prior simil...