Negotiable Instruments Act – Dishonour of Cheque – Dismissal in Default – Right to Appeal – Complainant's cheque dishonour complaint was dismissed for want of prosecution – High Court held that such dismissal amounts to acquittal – In light of Supreme Court ruling in M/s Celestium Financial v. A. Gnanasekaran, a complainant in a private complaint u...
Criminal Law – Speaking to Minutes – Finality of Judgment – Section 362 CrPC bar – No power to modify or alter sentence after appellate and Supreme Court affirmations – Concurrent running of sentences cannot be inserted subsequently – Application for speaking to minutes cannot substitute review or modification – Application rejected [Paras 16–23, 25]...
Criminal Procedure – Cognizance and Summons – Validity – Cognizance taken by trial court on police report against former Chief Minister and others under IPC and POCSO Act – Earlier cognizance order quashed due to lack of reasons – Trial court re-applied mind and passed fresh detailed order – Held: Procedure followed by trial court is in accordance with law &ndas...
Criminal Law – Attachment Order - Prevention of Money Laundering – Attachment of Property – Flat purchased by respondent through unregistered agreement from a company under winding-up – Tribunal quashed ED's attachment – High Court held that no valid title passed through unregistered agreement – Held: Respondent had no ownership; property continued to vest w...
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...
Criminal Law – Murder – Circumstantial Evidence – Hostile Eyewitness – Recovery under Section 27 Evidence Act – Recovery from accessible place and broken chain of custody – Motive unproved – FSL correlation insufficient – Acquittal restored – Conviction set aside [Paras 13, 16, 17, 21–24].
Criminal Trial – Hostile Eyewitness &nda...
Negotiable Instruments – Section 138 Conviction – Revisional Jurisdiction – High Court cannot re-appreciate evidence under Art. 227/Section 482 CrPC – Change of company name does not invalidate complaint – Authorised representative proved – Defence payments not proved – Concurrent findings upheld – Revision dismissed [Paras 25–33].
Negotiabl...
Criminal Law – Quashing of Process – Extortion and Obscenity – Petitioners challenged the issuance of process under Sections 384 and 294 IPC – Magistrate had issued process after ordering a police inquiry under Section 202 CrPC – Revisional Court upheld the order – High Court held that the complaint did not establish essential ingredients of extortion such as in...
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...
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 &...