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Bombay High Court Upholds Conviction of Court Clerk for Criminal Breach of Trust and Forgery of Records. Property Clerk misappropriated muddemal property and amounts, and made false entries in registers, convicted under Sections 409, 466, 477 IPC.

The applicant, Kanhaiyalal Damahe, was a property clerk in the Court of Civil Judge Junior Division, Saoner, from 1.6.2001 to 31.5.2005. During his te...

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Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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Supreme Court Sets Aside High Court Order Reducing Sentence on Payment of Compensation in IPC Conviction Case. Compensation under Section 357 CrPC Cannot Be Used to Substitute Substantive Sentence of Imprisonment.

The appellant, the original first informant (complainant), lodged an FIR against five accused persons for offences under the Indian Penal Code and the...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal and Convicts Accused for Cheque Dishonour. Presumption under Section 139 of N.I. Act stands unless rebutted by accused on preponderance of probabilities.

The appellant, Ashok Kumar, filed a complaint under Section 200 Cr.P.C. before the XIII Additional Chief Metropolitan Magistrate, Bengaluru, against t...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Failure to Prove Legally Enforceable Debt. Accused's Defence of Blank Cheque Misuse and Absence of Loan Disbursement Raises Probable Doubt, Rebutting Presumption Under Section 139.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881. The appellant, ANSS Rajashekar, was accused by the resp...