Negotiable Instruments Act – Cheque Dishonour – Legally Enforceable Debt Not Proved – Non-production of challan and account entries – Adverse inference under Section 114(g) Evidence Act – Prior arbitral award set aside for lack of proof of debt – Suppression of material facts – Acquittal affirmed [Paras 6–9].
Negotiable Instruments Act – Sec...
Anticipatory Bail – Political Motivation – Petition under Section 482 read with Section 528 BNSS seeking blanket protection from arrest due to political hostility arising from petitioner’s mother contesting assembly bye-election – No FIR registered at time of filing – Apprehension of arrest held speculative – Held: Pre-emptive blanket bail not maintainable in ab...
Criminal Law – Arrest Warrants – Economic Offences – Petitioner challenged trial court’s order rejecting application under Section 70(2) CrPC for converting arrest warrants into bailable warrants – Allegation of tax evasion of over ₹10.65 crores under CGST and Customs Acts – Held: Offences are grave economic crimes with national fiscal implications – Pet...
NDPS Act – Bail – Commercial Quantity – Section 37 – High Court granted bail without addressing incriminating circumstances, prior linked seizure, or recording mandatory satisfaction under Section 37(1)(b) – Held: Orders unsustainable – Remanded for fresh consideration; interim bail to continue till reconsideration [Paras 15–22].
Bail – NDPS Act &...
– Aggravated sexual assault on 4-year-old – Conviction under Section 9(m) read with Section 10 POCSO based on cogent testimony of mother and surrounding circumstances upheld despite absence of external injuries and failure of traumatized child to depose – Maximum sentence of 7 years RI reduced to 6 years RI considering period already undergone and overall circumstances – Ap...
Criminal Law - Sect. 138 Negotiable Instruments – Cheque Dishonour – Acquittal Upheld – Statutory Presumption Rebutted – Complainant’s Financial Capacity Not Proved – Accused Raised Probable Defence – Burden Shifted Back to Complainant – Failure to Establish Legally Enforceable Debt – Trial Court’s Acquittal Not Perverse [Paras 8, 8.1, 11...
Criminal Law – Grievous Hurt – Conviction under Section 326 IPC – Reduced to Section 324 IPC – Lack of Radiological Evidence - The prosecution failed to produce radiology reports or examine the radiologist to corroborate the claim of fracture injuries – Medical evidence was insufficient to sustain conviction under Section 326 IPC as per legal requirements &ndash...
Grant of Interim Bail – Petitioner seeks interim bail due to daughter's marriage ceremonies – High Court upheld conviction under IPC Sections 148, 149, 302, 324 – Despite main ceremony on 28.04.2024 being concluded, local customs necessitate petitioner's presence for subsequent rituals – Respondent-State has no objections to the grant of interim bail – Court a...
Criminal Law – Murder – Circumstantial Evidence – Last Seen Theory – Accused found inside hotel holding knife and immediately fleeing; deceased found nude with multiple injuries – Recovery of knife with deceased’s blood group – Accused offered no explanation under Section 313 CrPC for incriminating circumstances – Conduct of fleeing relevant under Se...
Criminal Law – Quashing of FIR on basis of settlement – Section 482 CrPC – Property dispute involving allegations under Sections 406, 420, 465, 467, 468, 471, 120B, 294(b) and 506(2) IPC – High Court dismissed application under Section 482 CrPC seeking quashing of FIR registered at Halol Town Police Station, District Panchmahal – During pendency of SLP, parties entere...