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Special Court Convicts Broker and Beneficiaries in BMC Bank Securities Fraud; Acquits Employees and Other Brokers. Broker Held Liable for Dishonest Receipt of Stolen Property Under Section 411 IPC, While Beneficiaries Convicted of Cheating Under Section 420 IPC.

The case involved a criminal trial before the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 19...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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Supreme Court Dismisses Transfer Petitions in Criminal Cases Alleging Lack of Territorial Jurisdiction — Cause of Action Not Wholly Absent in Gurugram

The petitioner, Kaushik Chatterjee, was appointed as Group Chief Risk Officer-Executive Director of a non-banking finance company (the second responde...

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Bombay High Court Quashes Process Against Advocate in Cheating Case — No Prima Facie Case Made Out. Alleged Agreement to Sell Not Registered and Complainant Aware of Litigation, Lacking Ingredients of Section 420 IPC.

The applicant, Nasir Mohammed Khan, an advocate by profession, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 ...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a public sector undertak...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Dispute Between Society and Former Employees Over Alleged Misappropriation Held to Be Civil, Not Criminal, Under Section 420 IPC.

The applicants, Mahadeorao Uttamrao Rajurkar and Sanjay Dyaneshwar Dhok, filed an application under Section 482 of the Code of Criminal Procedure, 197...