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Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Evidence and Lack of Common Object. Conviction under Section 302 read with 149 IPC set aside as prosecution failed to prove unlawful assembly and common object beyond reasonable doubt.

The judgment pertains to multiple criminal appeals arising from a conviction for murder under Section 302 read with 149, 120B, 147, 148 of the Indian ...

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Supreme Court Quashes Charges Under SC/ST Act for Lack of Caste-Based Insult and Public View Requirement. Allegations of Land Dispute Do Not Attract Section 3(1)(r) of SC/ST Act as Insult Not on Account of Caste and Incident Occurred Inside Building Not in Public View.

The appellant, Hitesh Verma, challenged the order of the High Court of Uttarakhand dismissing his petition under Section 482 of the Code of Criminal P...

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Supreme Court Allows Appeal Against Quashing of Criminal Process in Forgery Case — High Court Exceeded Jurisdiction by Evaluating Merits at Summoning Stage. Criminal proceedings cannot be quashed merely because allegations appear civil if ingredients of offence are prima facie made out.

The appellant, Sau. Kamal Shivaji Pokarnekar, filed a criminal complaint alleging that the respondents committed forgery and prepared false documents,...

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Supreme Court Allows Appeal in SC/ST Act Case by Setting Aside High Court's Remand Order and Upholding Cognizance. Cognizance Order Under Section 204 CrPC Does Not Require Detailed Reasons as Magistrate Applied Mind to Case Diary and Record, Making Remand Unnecessary.

The appeal arose from a criminal case involving allegations under the Indian Penal Code, 1860 and the Scheduled Castes and the Scheduled Tribes (Preve...