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...
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...
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...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Acquittal – Accused admitted signature on cheque but denied liability – Complainant presented sufficient documents including return memo, legal notice, postal proof, and reply – Trial Court acquitted the accused citing discrepancies and held complainant acted without reasonable cause – Held: ...
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...
NDPS Act – Vehicle Confiscation – Owner Not Accused – Confiscation Order Set Aside – Trial Court convicted two accused under Section 20(b)(i) NDPS Act and ordered confiscation of truck bearing Reg. No. ABK-799 used to transport ganja – Appellant, who was the registered owner but not an accused in the criminal case, challenged the confiscation – Held: Appellant w...
Criminal Law – Theft of Electricity – Illegal Hooking – Ownership of Premises Not Established – Conviction Set Aside – Appellant was convicted for dishonest abstraction of electricity through direct hooking from LT line after disconnection of legal supply – Raid conducted without verifying house ownership – Prosecution witnesses admitted no proof or docume...
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...