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High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 NI Act. The court held that the mandatory notice of demand was not served on the accused as it was sent to an incorrect address, and thus the proceedings under Section 138 of the Negotiable Instruments Act, 1881, were liable to be quashed.

8 Apr 2021

The applicants, who were the original accused in a criminal case under Section 138 of the Negotiable Instruments Act, 1881, filed an application under...

High Court

Bombay High Court Quashes Criminal Proceedings Against Police Patils for Lack of Sanction Under Section 197 CrPC. Acts of Assault During Patrol Duty Held to Be in Discharge of Official Duty, Requiring Prior Sanction for Prosecution.

23 Apr 2010

The petitioners, seven individuals including Kiran Vitthal Sabale and others, filed a Criminal Writ Petition under Article 227 of the Constitution and...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in Murder Case — Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt. Acquittal of Accused Under Section 302 IPC Upheld Due to Lack of Credible Evidence and Failure to Prove Motive.

17 Nov 2021

The State of Karnataka, through H.D. Kote Police Station, filed an appeal under Section 378(1) and (3) of the Criminal Procedure Code, 1973, challengi...

High Court

Bombay High Court Convicts Advocate for Criminal Contempt for Disrupting Court Proceedings and Threatening Judge. Advocate's conduct of shouting, snatching notebook, and threatening judge amounts to criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971.

31 Aug 2018

The present criminal contempt petition was filed by Ashok Govindrao Bilolikar, the II Adhoc Additional District and Sessions Judge at Parbhani, under ...

High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

7 Aug 2019

The appellant/complainant filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal ...

High Court

Bombay High Court Quashes Criminal Proceedings in Trust Dispute Due to Compromise and Lack of Criminal Breach of Trust. Transaction Found Bonafide on Behalf of Trust Under Section 406 IPC.

12 Jun 2013

The petitioner, Suganchand Kasturchand Raka, was the accused in Criminal Case No.456/2001 filed by respondent no.2, Vasant Bhavanji Shah, alleging cri...

High Court

Bombay High Court Dismisses Discharge Application in Cheque Dishonour Case — Defect in Complaint Verification Curable. Procedural Defect Not Fatal Under Section 138 of Negotiable Instruments Act, 1881.

1 Aug 2018

The present application was filed by the original accused, Rajabhau Shankar Nagare, challenging the order dated 01.08.2018 passed by the learned Judic...

High Court

Karnataka High Court Examines Quashing of Charges Under Sections 498-A, 304-B IPC in Light of Suicide Note. Petitioners Argue Deceased’s Dying Declaration Absolves Them; Prosecution Argues Circumstantial Evidence of Dowry Harassment.

22 Jan 2025

The case involves a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, filed by the husband and his parents seeking to quash...

High Court

Madras High Court Dismisses Writ Petition Challenging State Human Rights Commission Order; Commission’s Closure of Complaint Against Police Investigation Upheld. Court Holds That Where the Commission Had Referred the Matter for Enquiry by Higher Police Authorities and Accepted the Enquiry Report as Satisfactory, There Was No Ground for Interference Under Article 226 of the Constitution.

21 Feb 2025

The petitioner, who was facing 14 criminal cases, filed a complaint before the Tamil Nadu State Human Rights Commission alleging improper investigatio...

High Court

High Court of Bombay at Goa Dismisses Revision Against Conviction Under Section 138 of Negotiable Instruments Act, 1881 — Cheque Issued as Security for Advance Payment Dishonoured. Court holds that once a cheque is issued towards discharge of a legally enforceable debt or liability, the presumption under Section 139 of the NI Act applies, and the accused failed to rebut it.

6 Feb 2024

The case arises from a criminal revision application filed by the applicant, Maximos Ekka, challenging his conviction under Section 138 of the Negotia...

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