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Bombay High Court Dismisses Discharge Application of Accused in Bank Fraud Case Due to Prima Facie Evidence of Conspiracy. Court holds that charge-sheet allegations sufficiently indicate involvement of accused no.5 in criminal conspiracy and misappropriation of bank funds under IPC and PC Act.

The applicant, original accused no.5, filed a criminal application under Section 482 Cr.P.C. challenging the order dated 13/08/2018 passed by the Spec...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Bombay High Court Quashes ED Summons Issued Under PMLA to Accused in Predicate Offence Cases — Summons Under Section 50 PMLA Cannot Be Issued to Persons Not Named in ECIR or Arrested Under PMLA

The petitioners, Naresh Goyal and Anita Naresh Goyal, filed two separate criminal writ petitions under Article 226 of the Constitution of India and Se...

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Bombay High Court Quashes FIR Against Directors in Dishonour of Cheque Case Due to Lack of Specific Allegations and Non-Impleadment of Company. Vicarious liability under Section 141 of Negotiable Instruments Act, 1881 requires specific averments and company must be made accused.

The petitioners, Harry Inder Dhaul, Narayan Singh Pathania, and Mikhail s/o Harry Dhaul, were directors of Siddhayu Ayurvedic Research Foundation Priv...

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Bombay High Court Dismisses Appeal Against UAPA Conviction for Murder of Corporator — Conspiracy and Terrorist Act Proven Beyond Reasonable Doubt. Appellant's conviction under Sections 18, 19, 20 of UAPA and Section 302 IPC upheld based on circumstantial evidence and conspiracy.

The appellant, Mohammed Irfan Rehmatali Shaikh, was convicted by the trial court for offences under Sections 18, 19, 20 of the Unlawful Activities (Pr...

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Bombay High Court Holds Anticipatory Bail Application Maintainable Despite Applicant's Custody in Another Crime. Section 438 CrPC Does Not Bar a Person Already Arrested in a Different Case from Seeking Pre-Arrest Bail.

The applicant, Amar S. Mulchandani, filed an anticipatory bail application under Section 438 CrPC in connection with C.R.No.806 of 2019 registered at ...

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Bombay High Court Grants Bail to Approver in MCOCA Case Due to Long Incarceration and No Likelihood of Trial Conclusion. Right to Speedy Trial Under Article 21 Prevails Over Stringent Provisions of MCOCA.

The applicant, Danish Ali Jamaluddin Ahmed, was arrested on 1 December 2018 in connection with FIR No. 326 of 2018 (later renumbered as FIR No. 36 of ...