Search Results for "summoning Magistrate"

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Search Results for "summoning Magistrate"

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Supreme Court

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.

1 Jan 2022

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...

Supreme Court

Supreme Court Allows Compounding Application in SEBI Act Case, Overturning Lower Court Decisions on Consent Requirement. Court Holds That Section 24A of Securities and Exchange Board of India Act, 1992 Does Not Mandate SEBI's Consent for Compounding, and Compounding Can Be Considered at Advanced Trial Stages Based on Factual Assessment.

23 Jul 2021

The dispute arose from a criminal prosecution under Section 24(1) of the Securities and Exchange Board of India Act, 1992, against the appellant, a di...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Section 311 CrPC Application in Criminal Appeal — Power Under Section 311 CrPC Cannot Be Invoked After Conclusion of Trial

23 Feb 2021

The petitioner, Mahesh Ahirrao, along with respondents 2 and 3, faced trial for offences under Sections 420, 465, 468, 471 read with 34 of the Indian ...

High Court

High Court Quashes FIR Against Police Officer in Corruption Case Due to Lack of Sanction Under Section 19 of PC Act. Proceedings under Section 7(a) of Prevention of Corruption Act, 1988 set aside as prior sanction from competent authority was mandatory and absent.

11 Aug 2020

The petitioner, Sri Sudarshan, a Deputy Superintendent of Police under suspension, filed a criminal petition under Section 482 of the Code of Criminal...

High Court

Bombay High Court Quashes Criminal Process in Cheque Dishonour Case Due to Civil Nature of Dispute. Failure to Pay Under Consent Terms Does Not Attract Criminal Liability Under Section 138 of Negotiable Instruments Act, 1881 When Dispute is Essentially Civil.

1 Oct 2019

The petitioners, Nirman Raltors and Developers Ltd. and two individuals, filed a writ petition challenging an order dated 06.09.2018 passed by the Jud...

High Court

Bombay High Court Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Vicarious Liability. Proprietor of Firm Not Liable for Cheque Issued by Another Proprietorship Without Specific Allegation of Role in Day-to-Day Affairs Under Section 138 of Negotiable Instruments Act, 1881.

16 Aug 2019

The case involves two criminal writ petitions filed by Mahesh Pralhad Salunke and Dhananjay Pralhad Salunke challenging an order dated 5 February 2019...

Supreme Court

Supreme Court Allows Magistrate to Order Voice Sample of Accused in Criminal Investigation. Article 20(3) Does Not Bar Compelled Voice Sample as It Is Not Testimonial Evidence Under Section 53 CrPC.

2 Aug 2019

The case arises from an FIR lodged on 7th December 2009 at Sadar Bazar Police Station, Saharanpur, Uttar Pradesh, alleging that Dhoom Singh and appell...

High Court

Bombay High Court Quashes Defamation Case Against Chairman and Managing Director of Indian Express for Lack of Vicarious Liability in News Publication. The court held that under Section 7 of the Press and Registration of Books Act, 1867, only the Editor or Resident Editor whose name is printed is presumed responsible for publication, and the Chairman and Managing Director cannot be held liable without specific allegations.

5 Aug 2016

The applicant, Mr. Vivek Goenka, the Chairman and Managing Director of Indian Express Newspapers (Mumbai) Ltd., filed an application under Section 482...

High Court

High Court of Karnataka Allows Recall of Witness Under Section 311 CrPC in NI Act Case — Demand Promissory Note and Receipt Essential for Just Decision. The court held that the Magistrate erred in dismissing the application for recall of PW-1 to produce a demand promissory note and receipt, as these documents were essential for the just decision of the case under Section 138 of the Negotiable Instruments Act, 1881.

13 Mar 2015

The petitioner, Sri Chandrakanth, filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) against the respondent, S...

High Court

Bombay High Court Dismisses Accused's Revision Against Process Issued Under Section 138 NI Act — Cheque Dishonour Case Based on Loan Transaction. The court upheld the Magistrate's order issuing process as the complaint disclosed a prima facie case under Section 138 of the Negotiable Instruments Act, 1881.

5 Jul 2010

The applicant, Nitesh Jayantilal Jain, was the original accused in a complaint filed by respondent No.2, Hasmukh Kanji Gala, under Section 138 of the ...

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