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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that mere issuance of notice is insufficient; actual receipt by the accused is required for the presumption under Section 138 of the Negotiable Instruments Act, 1881 to arise.

The applicants, partners of M/s. Megapolis Landmar LLP, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashi...

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Bombay High Court Dismisses Complainant's Petition Challenging Quashing of Process in Forgery Case Due to Lack of Sanction Under Section 195 CrPC. Magistrate Cannot Take Cognizance of Forgery of Document Produced in Civil Suit Without Complaint by That Court Under Section 340 CrPC.

The petitioner, Anil Anant Karkhanis, was the original complainant in Regular Criminal Case No.155 of 2003 filed before the Chief Judicial Magistrate,...

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High Court of Bombay at Aurangabad Dismisses Application Under Section 482 CrPC Challenging Magistrate's Refusal to Order Police Investigation Under Section 156(3) CrPC — Magistrate's Discretion to Treat Application as Complaint Upheld as Legal and Proper.

The applicant, Nikhil s/o Dhondiram Katke, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging a...

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Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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Bombay High Court Dismisses Revisions in Forgery and Conspiracy Case — Discharge of Accused Upheld Due to Lack of Prima Facie Evidence. Allegations of Fabricated Documents and Insult to Religion Not Substantiated Against Accused Nos.3 to 5 Under Sections 193, 195, 465, 469, 34, 109, 120B IPC.

The judgment pertains to two criminal revision applications arising from Criminal Complaint No.4 of 2002. The complainant, Riyazuddin Ahmed, filed a c...