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Bombay High Court Dismisses State's Appeal Against Acquittal in Legal Metrology Case Due to Non-Compliance with Section 378(4) Cr.P.C. — Leave to Appeal Not Sought from Trial Court.

The State of Goa, through the Inspector of Legal Metrology, filed a criminal complaint against M/s Bata India Ltd. and its managers under Section 39 o...

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Bombay High Court Dismisses Victim's Appeal Against Acquittal in Murder Case Due to Rejection of State's Leave Application. The Court held that the victim's appeal under Section 372 CrPC is not maintainable when the State's application for leave to appeal against the same acquittal has been rejected.

The appellant, Dundawwa Shivappa Bagewadi, the mother of the deceased Anil, filed a criminal appeal under the proviso to Section 372 of the Code of Cr...

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Bombay High Court Grants Leave to Appeal Against Acquittal in Rape Case — Trial Court Erred in Requiring Corroboration of Victim's Testimony. Corroboration is not sine qua non for accepting evidence of victim in sexual offences; trial court's approach was perverse.

The State of Maharashtra filed an application under Section 378(3) of the Code of Criminal Procedure seeking leave to appeal against the judgment and ...

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Bombay High Court Dismisses State's Leave to Appeal Against Acquittal in Murder Case Due to Lack of Credible Circumstantial Evidence. Circumstantial evidence failed to establish chain of events pointing to accused's guilt beyond reasonable doubt.

The State of Maharashtra filed an application seeking leave to appeal against the judgment and order of acquittal dated 7th May 2012 passed by the Add...

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Bombay High Court Dismisses Application Challenging Maintainability of Appeal Against Acquittal Under Section 138 NI Act. Complainant's Appeal Under Proviso to Section 372 CrPC Does Not Require Leave Under Section 378 CrPC.

The applicant, Madhav Shriramji Khadse, was the original accused in Summary Criminal Complaint No. 1288/2008 under Section 138 of the Negotiable Instr...

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Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Default Under Section 256 CrPC. Technical dismissal for absence of complainant set aside, complaint restored for hearing on merits.

The appellant, Prakash Budha Balbudhe, filed a complaint under Sections 138 and 142 of the Negotiable Instruments Act, 1881 against the respondent, Di...

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Bombay High Court Grants Leave to Appeal in NI Act Case Due to Denial of Adjournment — Trial Court's Rejection of Adjournment Without Considering Advocate's Engagement Violated Principles of Natural Justice

The applicant, Dhule Shahar Kirana va Bhusar Vyapari Nagari Sahakari Patsanstha Maryadit, through its representative Suresh Sahebrao Jadhav, filed a c...

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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 NI Act Due to Technical Acquittal. Dismissal under Section 256 CrPC for absence of complainant is technical, warranting restoration of complaint.

The applicant (original complainant) filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent (original accused) f...

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Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Want of Prosecution — Technical Dismissal Not on Merits. The court held that dismissal under Section 256 CrPC is not a bar to appeal as it is not a decision on merits.

The applicant, Terna Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory registered under the Maharashtra Cooperative Societies Act, 1...