Anticipatory Bail – Forged Court Order – BNSS S.215 and Territorial Jurisdiction – Application Rejected – Applicant sought pre-arrest bail in FIR alleging fabrication of a JMFC Pune order used to secure advantage in prior proceedings – Held: Vimantal PS could register/investigate despite territorial objections; S.215 BNSS inapplicable as the forged “order”...
Negotiable Instruments Act – Dishonour of Cheque – Presumption under Section 139 – Effect of signed blank cheque – Accused admitted signature but contended cheque was issued as security and misused – Held: once signature admitted, statutory presumption of legally enforceable debt arises; mere plea of security cheque or filling up of contents by another does not invali...
Negotiable Instruments Act – Cheque Dishonour – Presumption under Ss. 118(a), 139 – Rebuttal – Complainant alleged advancing ₹2,50,000/- loan, cheque dishonoured for “insufficient funds” – Accused admitted issuing cheque but claimed it was blank and misused; pleaded he borrowed only ₹50,000/- and repaid – Complainant’s income shown as ₹20...
Negotiable Instruments Act – Cheque Dishonour – Material Alteration – Sections 87, 138, 118(a), 139, NI Act – Cheque issued for ₹7 lakhs returned unpaid for “insufficient funds” – Accused admitted issuing cheque but alleged alteration in account number and limited liability of ₹1.92 lakhs – Evidence (CW1 testimony) confirmed alteration from CD-59...
Cheque Dishonour – Presumption under Section 139 of N.I. Act – Conviction Restored – The trial court had convicted the accused for issuing a dishonoured cheque of ₹30 lakhs, finding that the cheque was issued in discharge of legally enforceable debt – Sessions Judge reversed the conviction on the ground of absence of documentary proof of loan and by considering unrelated ...
Homicide – Murder vs. Culpable Homicide – Sections 302 & 304 Part I IPC – Conviction Modified – Appellant convicted under Section 302 IPC for killing his brother-in-law – Evidence showed prior incidents of harassment of appellant’s sister and parents by the deceased – On the day of incident, deceased allegedly attempted to assault appellant with stone ...
Anticipatory Bail – Section 438 CrPC – High Court Rejection Set Aside – FIR No. 188/2017 registered under Section 304 IPC, eight years old – Appellant added subsequently in investigation, alleged only to have been last seen with deceased – No evidence of direct involvement; appellant cooperating under interim protection – Held: rejection of anticipatory bail by ...
Criminal Law – Conviction under Sections 305, 506-B & 195-A IPC – Partial Acquittal – Appeal post-death of accused – Consequential relief to heirs – Appellant (widow and children of deceased convict Akhtar) pursued appeal to claim terminal benefits due to wrongful conviction – Sessions Court convicted Akhtar under Sections 305 and 506-B IPC and sentenced him...
Sanction for Prosecution – Section 197 CrPC – Issue of Sanction Deferred – High Court rightly held trial can proceed despite absence of sanction under Section 197 CrPC for IPC offences – Supreme Court upheld this view – Held: Question of sanction under Section 197 CrPC can be examined by the Trial Court depending on evidence led during trial [Paras 5–7].
Fram...
Bail – Prolonged Custody – Allegations under BNS, POCSO Act, and JJ Act – Bail Granted – Appellant, a school principal, accused of sexual offences under POCSO and BNS, was in custody for nearly ten months – Only 7 of 22 witnesses examined – Supreme Court observed no serious incriminating material presently on record and held that further delay in trial justifies...