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High Court of Karnataka Quashes FIR and Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice — Complaint Filed Under Section 138 of Negotiable Instruments Act, 1881 Fails as Notice Was Not Sent to Correct Address of Accused.

The petitioners, Sri N. Subramani and Sri Vishwanath N., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking ...

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Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Proper Service of Notice. Notice Sent to Wrong Address Invalidates Complaint Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Kishinbhagwan R. Sharma, challenged the order dated 17.03.2012 passed by the learned Metropolitan Magistrate, 33rd Court, Ballard Pier...

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High Court of Bombay at Goa Discharges Accused in Cheating Case — No Deception Where Complainant Knowingly Participated in Illegal Transaction. Ingredients of Section 420 IPC Not Made Out as Complainant Was Aware of the Illegal Purpose of Payment.

The petitioner, Mr. Ashok Haldankar, filed a Criminal Writ Petition under Article 227 of the Constitution read with Section 482 CrPC challenging the o...

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High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Evidence. Section 304(A) IPC Proceedings Set Aside as Complaint Did Not Disclose Essential Ingredients of Rash or Negligent Act Causing Death.

The petitioner, Dr. Rajeshwari, a medical practitioner, sought quashing of the order dated 19.08.2013 passed by the JMFC-II, Raichur, in FIR No.669/20...

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Supreme Court Allows Appeal Against Extradition Order in Matrimonial Dispute, Dissolves Marriage on Ground of Irretrievable Breakdown Under Article 142 of the Constitution of India. Court Quashes Multiple Criminal Proceedings Filed by Wife Against Husband and In-Laws as Abuse of Process of Law.

The Supreme Court allowed an appeal against the judgment of the Calcutta High Court which had affirmed a trial court order directing extradition of th...

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Supreme Court Allows Appeals Quashing Domestic Violence Act Proceedings Against Brother-in-Law in Matrimonial Dispute After Divorce and Settlement. Continuing Criminal Prosecution After Divorce and Agreed Settlement Amounted to Abuse of Process Under Article 142 of Constitution.

The present criminal appeals arose from a common order dated 30.03.2012 passed by the High Court of Andhra Pradesh at Hyderabad, which refused to quas...

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Bombay High Court Quashes Process in Defamation Case Against Accused No.1 Due to Lack of Prima Facie Evidence. Allegations of Criminal Conspiracy Under Section 120-B IPC Not Made Out as Petitioner Was Not Shown to Have Authored or Sent Defamatory Letter.

The petitioner, Anandt Hiraman Ghatole, filed a criminal writ petition before the Bombay High Court at Nagpur challenging the order dated 25.3.2009 pa...

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High Court Quashes Criminal Proceedings in SC/ST Act Case Due to Lack of Public View Element. Alleged Caste-Based Insults in Private University Office Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The judgment pertains to two criminal applications filed by the original accused (Dr. Satish Sudhakar Patil, accused no.2, and Vinayak s/o Popat Dhula...

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Bombay High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Complaint Not Filed by Payee Company. The complaint was filed by an individual who was not the payee or holder in due course, rendering the prosecution invalid under Section 142(a) of the Negotiable Instruments Act, 1881.

The appellant, Bhupesh Rathod, filed a complaint against respondent no.1, Dayashankar Prasad Chaurasia, alleging an offence under Section 138 of the N...