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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Under Section 138 NI Act. Settlement Agreement Creates Fresh Liability, Presumption of Legally Enforceable Debt Not Rebutted.

The case involves a criminal revision application filed by the accused, M/s. Cabral & Co. and its proprietor Francis Simon Cabral, against their convi...

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Gujarat High Court Allows Appeal by Pollution Control Board in Water Pollution Case — Sanction for Prosecution Valid Under Section 49 of Water Act. Chairman's Sanction Pursuant to Board Resolution is Sufficient Compliance with Section 49 of Water (Prevention and Control of Pollution) Act, 1974.

The Gujarat Pollution Control Board (Appellant) filed a criminal complaint against Respondent No. 2 and others for violation of Sections 24 and 25 of ...

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High Court of Karnataka Quashes FIR and Cognizance Order in Corruption Case Against Retired IPS Officer — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Court held that taking cognizance without valid sanction is illegal and proceedings are liable to be quashed.

The petitioner, Dr. S. Krishnamurthy, a retired IPS officer, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P...

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Bombay High Court Dismisses Petition to Quash Criminal Proceedings in Cheque Dishonour Case — Directors of Company Not Entitled to Quashing Under Section 482 CrPC When Trial Already Commenced and No Exceptional Circumstances Shown.

The petitioners, Mrs. Shama G. Bothe and Mr. Guido Bothe, directors of Chinkara Motors Private Limited (CMPL), filed a criminal writ petition under Ar...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted by Accused. Borrowing of Rs.20,000/- and Issuance of Cheque Established; Acquittal Set Aside.

The appeal arises out of the judgment of acquittal passed by the learned Senior Civil Judge and JMFC, Sagar dated 26.08.2011 in C.C.No.124/2010 wherei...

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High Court of Karnataka Quashes Criminal Proceedings in Cheating and Forgery Case Due to Civil Nature of Dispute and Lack of Prima Facie Case. Dispute over property transaction found to be civil, not criminal, leading to quashing of FIR under Section 482 CrPC.

The petitioners in both criminal petitions sought quashing of proceedings in C.C.No.4698/2014 pending before the I-ACMM, Bangalore, for offences under...