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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Failure to Prove Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 Leads to Quashing of Complaint.

The applicants, Chetan Sunderji Bhanushali, Pravin Girish Chamaria, and Ashapura Edifice Pvt. Ltd., filed two criminal applications under Section 482 ...

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Bombay High Court Quashes FIR in Onion Trade Dispute Due to Civil Nature of Transaction and Lack of Criminal Intent. The court held that the ingredients of cheating under Section 420 IPC were not made out as there was no initial dishonest intention, and the dispute was purely civil.

The applicants, Thirumalai Prabhu R. and Vinodhini Prabhu Titumalai, proprietors/partners of M/s. Shreejith Traders in Tamilnadu, filed a criminal app...

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Bombay High Court Quashes Criminal Proceedings in Outraging Modesty Case Due to Compromise and Lack of Public View. Court holds that Section 354 IPC requires sexual intent and public view, and compromise in non-compoundable offences can be accepted when chances of conviction are bleak.

The applicants, seven individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of ...

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Bombay High Court Quashes Externment Order for Non-Application of Mind Under Section 56(1) of Bombay Police Act, 1951. Court held that mere registration of four offences without considering their disposal or acquittal does not justify externment, and appellate authority must apply its mind independently.

The petitioner, Sukhdev Dada Wagh, a resident of Kokamthan, Kopargaon, Ahmednagar, was issued a notice by the Sub-Divisional Police Officer on 15th Ap...

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Bombay High Court Quashes 'No Cross' Order in NI Act Case — Right to Cross-Examine Cannot Be Denied Without Giving Opportunity. Accused's Right to Cross-Examine Complainant's Witness Is a Valuable Right and Cannot Be Extinguished by Defaulting on Costs.

The petitioner, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a Criminal Writ Petition under Articl...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by actual delivery or proper postal endorsement; mere dispatch is insufficient.

The petitioner, Ananda Rao Kanthamaneni, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Co...