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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrat...

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Bombay High Court Quashes Process Against Police Officer in Atrocities Act Case for Lack of Sanction Under Section 197 CrPC. Investigation Act Being Official Duty, Sanction Required Before Prosecution for Alleged Caste-Based Insult During Statement Recording.

The applicant, Dr. Kakasaheb Adinath Dole, a Sub-Divisional Police Officer, challenged the order issuing process against him in Regular Criminal Compl...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...

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High Court of Karnataka Dismisses Petition Quashing Discharge Rejection in CBI Murder Conspiracy Case. No Sanction Required Under Section 197 CrPC as Alleged Acts Were Not in Performance of Official Duty.

The petitioner, a government servant and accused No. 21, was charged in a murder case involving a property dispute that later expanded to include cons...

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High Court of Judicature at Bombay Dismisses Writ Petition Seeking Reinstatement and Disability Pension for Army Clerk Invalided Out for Neurosis. Neurosis Not Attributable to Military Service Under Pension Regulations for the Army, 1961; Invalidation Under Army Rule 13(3)III(iii) Upheld.

The case arose from a writ petition filed by an army clerk who was invalided out of service on medical grounds due to neurosis (depressive reaction). ...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...