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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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KAHC010422252008_1

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Karnataka High Court Allows Writ Petition Seeking Mandamus for FIR Registration Due to Police Inaction. Failure to Register FIR Violates Articles 14 and 21 of the Constitution and the Mandatory Duty under Section 154 of the Code of Criminal Procedure, 1973.

The petitioner, an agriculturist, claimed ownership and possession of agricultural land in Naribole village, Kalaburagi district. A dispute arose when...

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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.

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...

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High Court of Karnataka Quashes POCSO and IPC Proceedings Against Accused No.5 Due to Lack of Prima Facie Evidence of Sexual Assault or Abetment. Mere Presence Without Active Participation Does Not Constitute Abetment Under Section 114 IPC or Section 17 POCSO Act.

The petitioner, Prasad A.A., Accused No.5 in Spl.C.C.No.5025/2019, filed a petition under Section 482 CrPC seeking quashing of proceedings for offence...

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Bombay High Court Suspends Sentence of Appellant Convicted for Rape of Minor Cousin Under POCSO Act and IPC, Grants Bail Pending Appeal. The court considered distinctive facts and no misuse of earlier bail to suspend the sentence under Section 389 CrPC.

The appellant, Arhant Janardan Sunatkari, a 19-year-old student, was convicted by the trial court for committing rape repeatedly on the same woman, an...

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Supreme Court Allows State Appeal Against High Court Order Setting Aside Rejection of Discharge in Gang Rape Case. High Court Exceeded Revisional Jurisdiction by Reappreciating Evidence at Pre-Charge Stage Under Section 227 CrPC.

The present appeals were preferred by the State of West Bengal against the impugned judgment and order dated 06.05.2022 passed by the High Court at Ca...

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High Court of Bombay at Goa Allows Revision Application and Discharges Accused in Rape Case Due to Consensual Relationship and Absence of False Promise to Marry. Consent Based on Breach of Promise Not Rape Under Section 376 IPC When No Initial Intent to Deceive.

The case involves a criminal revision application filed by Clinton Fernandes challenging an order of the Sessions Judge, Goa, dated 25/08/2023, which ...