Criminal Proceedings - Quashing of FIR and Subsequent Proceedings - Petition filed under Section 482 Cr.P.C. for quashing of FIR No.35 dated 29.05.2016 under Sections 306, 34, 120-B IPC and 420 IPC - Accused petitioner seeks the quashing of the FIR and all subsequent proceedings - Allegations of abetment to suicide and dishonor of cheques - Name of the petitioner appears in the suicide note without specific role attributed - Conviction of co-accused under Section 138 of the Negotiable Instruments Act - Contention that no offense is made out against the petitioner - Disputed versions regarding how signed cheques came into the possession of co-accused - Quashing of proceedings against other co-accused - Prayer for quashing of FIR. [Para 1-18]

Criminal Law - Abetment of Suicide - Interpretation of Sections 306 and 107 of the IPC - Examination of what constitutes abetment in cases of suicide - The Supreme Court's scrutiny of various judgments - Notable emphasis on the need for clear mens rea, direct or intentional act of instigation, and a close link between abetment and suicide - Citing cases such as 'Sanju @ Sanjay Singh Sengar v. State of Madhya Pradesh', 'Netai Dutta v. State of West Bengal', 'S.S. Chheena v. Vijay Kumar Mahajan and Another', 'Gurcharan Singh v. State of Punjab', 'Surender Kumar v. State of Haryana', 'Kashmiri Lal v. State of Haryana', 'Ram Sarup versus Ravi and others', 'Shri Subhash Ramgopal Bharuka versus The State of Maharashtra through Police Inspect, Police Station, Kannad, Tal: Kannad, Dist. Aurangabad and others', 'Madan Mohan Singh v. State of Gujarat and Ors.', and 'Chandrakant S/o Yadavrao Gavhane v. The State of Maharashtra and another' - Clarification that intention and mens rea are essential elements of abetment, and mere demand for repayment of debt or legal action cannot be construed as instigation to commit suicide - Suicides by debtors do not necessarily imply abetment by creditors demanding repayment - The importance of not drawing unwarranted inferences against creditors demanding their dues, even if mentioned in the suicide note - The significance of Section 107 of the IPC in establishing abetment, and the need for a clear nexus between the alleged abetment and the act of suicide - Relying on the judgment in 'Harbhajan Sandhu versus State of Punjab and another' to emphasize that being named in a suicide note alone does not establish guilt without fulfilling the essential elements of the offense.

Criminal Appeal – Quashing of FIR and Proceedings – Allegations under Sections 306, 34, 120-B, and 420 IPC – Co-accused's case considered – Co-accused not named in the FIR – No specific role attributed in the suicide note – Multiple explanations for possession of cheques provided by prosecution – Accused availed legal remedy leading to deceased's conviction – Abetment not established without specific allegations of harassment or instigation – Proceedings against main accused quashed – No purpose in continuing proceedings against present petitioner – FIR and subsequent proceedings quashed. [Para 25-28]

- Bail Application – Narcotics Drugs and Psychotropic Substances Act (NDPS Act) – Petitioner seeking bail under Section 439 CrPC – Criminal antecedents of the petitioner – Long pre-trial custody exceeding two years and six months – Exceptional case for bail – Conditions imposed based on Dheeraj Kumar Shukla v. The State of Uttar Pradesh [Para 5-9]

- Conditions of Bail – Elaborative and stringent conditions to prevent tampering with evidence, influencing witnesses, or fleeing justice – Alternative options to surety – Fixed deposit or account payee demand draft – Personal identification details required – Limitation on prepaid SIM cards – Surrender of weapons and arms license – Conditions to ensure safety and prevent repetition of the offense [Para 9-13]

- Proportionality of Bail Conditions – Conditions imposed must have a nexus to their purpose and be proportional to the purpose – Balancing the liberty of the accused with the necessity of a fair trial [Para 15]

- Modification of Bail Conditions – Petitioner can seek modification of bail conditions if they find them difficult or violative of rights – Competence of the Court to modify or delete conditions [Para 17]

- Observations – Comments made in the order are not expressions of opinion on the merits of the case and shall not be considered by the trial court [Para 18]

- Reciprocal Behavior – The accused is expected to reciprocate through desirable behavior in return for protection from incarceration [Para 19]

- Certified Copy of Order – No need for a certified copy of the order for furnishing bonds, it can be downloaded from the official court website and attested by any Advocate [Para 20]

Cheque Bounce Cases – Dispute over issuance of cheques – Petitioners seeking quashing of Complaint Cases under Section 138 of NI Act – Disputed allegations regarding the issuance of cheques – Whether cheques issued towards discharge of legally enforceable debt – Prima facie case against petitioners – Proceedings not quashed at pre-trial stage – Principles regarding cheque bounce cases reiterated by Hon'ble Apex Court – Onus of proving no existing debt or liability on accused – Factual issues and probable defense to be decided during trial – Complaints maintainable – Petitions dismissed. [Para 9-17]

Criminal Revision Petition – Conviction under Section 138 of Negotiable Instruments Act, 1881 – Appeal against judgment of learned Additional Sessions Judge-02 – Petitioner convicted for dishonoring a cheque – Facts involving a loan, cheque issuance, and dishonor – Petitioner seeks acquittal and challenges lower court decisions. [Para 1-8]

Presumption under Section 139 of NI Act – Burden on the accused to raise a probable defense and provide evidence against the presumption – Accused admitted signing the cheque – Failure to provide substantial evidence to rebut the presumption – Legal principles outlined. [Para 13-15]

Debt and liability – Accused's claim of repayment – Onus on the accused to establish repayment – Lack of material evidence to support the repayment claim – Failure to seek the return of the cheque – Presumption of issuance of cheque for repayment remains unrebutted – Conviction upheld. [Para 20]

Dismissal of revision petition – Petitioner directed to pay remaining fine/compensation and surrender within 15 days – Lower court judgments affirmed. [Para 22-24]

Anticipatory Bail – Dismissal of anticipatory bail application – Allegations of cheating, forgery, and fraud involving a substantial amount – Applicant seeks anticipatory bail in FIR No. 71/2022 – Dismissal of anticipatory bail application by Sessions Court – Interim protection granted on conditions – Complaint alleges fraudulent sale of a Farm House, with applicant and co-accused tricking the complainant into parting with over Rs. 25 crores – Investigation reveals financial transactions – Applicant's admission of non-possession – Existence of multiple FIRs against the applicant for similar offenses – Applicant's habitual involvement in such cases – Delay in lodging FIR explained – Mere delay not sufficient ground for bail – Supreme Court precedents on economic offenses – Prima facie evidence of fraudulent intention – Custodial investigation required for document recovery – Anticipatory bail denied. [Para 1-29]

Criminal Appeal – Section 138 of the Negotiable Instruments Act – Complaint filed against accused for dishonour of cheques – Accused acquitted by Magistrate – Appeal by complainant – Complainant firm represented by its Branch Manager – Assertion of complainant's status present in the complaint – Evidence of partnership deed and registration of firms provided – Magistrate's finding of incompetence to file the complaint erroneous – Specific assertion regarding the knowledge of the power of attorney holder not mandated in this case – Distinction between complaints filed by individuals and companies/firms clarified – Complaint by company represented by authorized employee valid – Complainant's initial onus of proof discharged – Reverse onus shifted to the accused – Failure to discharge reverse onus by the accused – Conviction of accused under Section 138 of the Act upheld – Sentencing and compensation awarded with focus on recovery rather than retribution. [Para 1-27]

Divorce – Cruelty – Petitioner wife sought divorce on the ground of cruelty – Marriage solemnized in 2005 – Allegations of physical and mental abuse, alcohol addiction, and unreasonable demands by the husband – Husband’s failure to contest the suit effectively – Unchallenged testimony of the wife establishes a pattern of cruel behavior – Conduct of the husband indicates an intention to end the marriage – Cruelty not precisely defined in statute, but assessed based on individual circumstances – Husband’s refusal to participate in proceedings demonstrates a deliberate attempt to prolong litigation – Wife granted divorce on grounds of cruelty. [Para 1-46]

Child Custody – Appellant husband sought custody of the child – Appellant’s non-payment of maintenance for the child and non-disclosure of income – Appellant’s actions demonstrate apathy towards the child – Paramount welfare of the child considered – Appeal for custody dismissed, and child’s custody remains with the respondent wife. [Para 47-50]

Maintenance – Appellant directed to clear arrears of maintenance for the child within four weeks – Failure to comply will result in execution for arrears. [Para 51]

Bank Account – Bank account restrictions imposed on the appellant by court order – Appellant failed to maintain the required balance and demonstrated a lack of responsibility as a father. [Para 51]

Criminal Appeal – Conviction under Section 377 IPC and Section 6 of the POCSO Act – Accused convicted by the trial court – Appeal filed against the judgment of conviction and order of sentence – Appellant alleges false implication and raises doubts about the prosecution's version – Discrepancies in statements and lack of medical evidence discussed. [Para 6]

Child Sexual Abuse – Accusation of sexual abuse of a child below 6 years of age – Victim's statement not recorded during trial due to his age – Prosecution relies on statements of parents and medical evidence – Corroboration of victim's condition and statements of parents examined. [Para 7]

Criminal Case – Conviction under Section 377 IPC and Section 6 of the POCSO Act – Appeal against conviction and sentence – Conviction based on proper appreciation of evidence – No error in recording the conviction – Appeal against conviction dismissed. [Para 28-29]

Penetrative Sexual Assault – Conviction based on evidence of victim's parents – Medical evidence corroborates the prosecution's case – Absence of DNA test not fatal – Defence of false implication not credible – Strained relations not proven – Conviction upheld. [Para 16-27]

Decision – 10 years rigorous imprisonment for penetrative sexual assault – Sentence not excessive given the nature of the crime and relationship between accused and victim – Sentence upheld. [Para 30]

Bail Application - Regular bail sought under Section 439 Cr.P.C. in a case involving charges under Sections 302, 34 of the IPC - Custody certificate filed - FIR based on the complaint of the deceased's brother alleging assault by the petitioner and others - Complainant's statement primarily based on hearsay - Petitioner in custody since January 16, 2023 - Material witness (complainant) already examined - Petitioner's absence attributed to the COVID-19 pandemic - Petition allowed, petitioner ordered to be released on bail, without commenting on the merits of the case. [Para 1-7]