Cheque Dishonor – Section 138 of NI Act - Conviction and Sentence Set aside - Criminal Revision against lower court's conviction and sentence under Section 138 of Negotiable Instruments Act, 1881 - Petitioner convicted for dishonoring cheque issued as security - Petitioner contends cheque issued as security for another person's liability, not his own - Defense argues cheque issued wi...
Recall of Witness – Section 311 Cr.P.C. – Marking of Material Object – The petitioners challenged the recall of P.W.3 under Section 311 Cr.P.C. for further examination to mark material evidence (Bajaj Motor Cycle No. AP 16 BU 1222) – The petitioners argued that the recall was improper as the required photographs and panchanama were not prepared according to the procedure un...
Criminal Law – Murder or Culpable Homicide – Section 300 IPC – Conviction Modified – The appellant was convicted under Section 302 IPC for pouring acid on the deceased during a quarrel, leading to her death over a month later due to infection – The court observed that the incident occurred without premeditation, in the heat of passion, during a sudden quarrel – ...
Section 295A of IPC – Outrage of Religious Feelings – Shouting ‘Jai Sriram’ in a Mosque – Not Outrageous – The petitioners were accused of entering a mosque and shouting ‘Jai Sriram’ with the intent of disrupting communal harmony. The court held that shouting ‘Jai Sriram’ does not constitute an insult or malicious act intended to outrage ...
Quashing of FIR – Delay in Lodging Complaint – Section 354, IPC – The petitioner sought to quash the FIR, citing a 127-day delay in lodging the complaint and the absence of evidence to support charges of sexual harassment and criminal intimidation – The complaint alleged that the petitioner, a teacher and Director of the Youth Welfare Board at CUSAT, had touched the complai...
Criminal Law – Contradictory Testimonies – Section 332 IPC – Acquittal – The prosecution’s case relied on testimonies of four municipal employees involved in a raid, but there were significant contradictions in their evidence regarding the incident and the role of the applicant – Witnesses’ depositions were inconsistent on the nature of injury, the person ...
Motor Accident Claim – Proof of Negligence – Dismissal of Claim – Appellant claimed injuries caused by rash and negligent driving of an HRTC bus, resulting in permanent disability (15% of the right limb) – Tribunal dismissed the claim petition, holding that the appellant failed to prove negligence by the driver or conductor of the bus – Appeal dismissed by the High Co...
Dishonour of Cheque – Section 138 of the NI Act – Summoning Order Upheld – The petitioner issued two cheques to the respondent institute under the terms of an employment contract, which were dishonoured upon presentation. The petitioner contended that the cheques were issued as security and not for discharging any legally enforceable debt. The trial court took cognizance of the c...
Criminal Law – Appeal Against Acquittal in Dowry Death Case Dismissed – The Patna High Court dismissed a criminal appeal challenging the acquittal of the respondents for charges under Sections 498A, 304B, and 34 IPC – Appellant alleged dowry harassment and murder of the deceased by her in-laws – Trial court acquitted Respondent Nos. 2 to 5 due to lack of direct evidence pro...
Criminal Procedure – Framing of Charges – Revision Petition – Petitioners challenged the order of the 5th Special Court at Calcutta framing charges under multiple sections of the Companies Act and SEBI Act, arguing that the charges were beyond the scope of the initial complaint and framed without proper judicial consideration – High Court observed that the trial court inclu...