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Indian Laws - High Court - Case Laws
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- 2021 (10) TMI 637 - CALCUTTA HIGH COURT
Cancellation of granted Interim Bail - the conditions of interim bail was fulfilled or not - non-appearance of petitioner on assigned date - jurisdiction to adjudicate the matter placed - issuance of Look Out Circular - HELD THAT:- Without giving notice to the petitioner, interim order should not have been cancelled to issue warrant of arrest on the prayer of the respondent nos.3 and 4 merely on the ground of non-appearance made on behalf of the petitioner on the assigned date. It is made hereby clear that the petitioner has a fundamental right of movement and right to life as enshrined in Article 19(1)(b) of the Constitution of India. Therefore, he has a right to travel beyond the territory of India as held by the Hon’ble Supreme Court in Maneka Gandhi vs. Union of India [1978 (1) TMI 161 - SUPREME COURT] and in case of Satwant Sin....... + More
- 2021 (10) TMI 582 - DELHI HIGH COURT
Seeking grant of Regular bail - Smuggling - contraband item - 4200 Tablets of Zolpidam (1.050 Kg) - 6000 Tablets of Alprazolam (1.200Kg) - offence under section 8(c) of NDPS Act, 1985, and punishable under section 22, 25 & 29 of NDPS Act - HELD THAT:- In the present case, there is a recovery of commercial quantity of medicines from co-accused Dipu Singh who is also found to be delivering the medicines illegally over the orders placed through the present petitioner/accused and both accused are found to be connected through WhatsApp chat messages as well as through mobile phones. The chat conversation between the petitioner/accused and Dipu Singh reveals that they were indulging in supply of the narcotic drugs. The conduct of petitioner/accused in destroying the SIM before being interrogated by the NCB officials points towards the guilt....... + More
- 2021 (10) TMI 581 - ALLAHABAD HIGH COURT
Dishonor of Cheque - adjudgement of testimonial worth of prosecution evidence - Existence of sufficient ground to proceed with the matter or not - HELD THAT:- The law regarding sufficiency of material which may justify the summoning of accused and also the court's decision to proceed against him in a given case is well settled. The court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie satisfaction of the court about the existence of sufficient ground to proceed in the matter is required. It is directed that the accused may appear before the court below within a period of one month from today through the representing counsel and move an application seeking compounding of offence....... + More
- 2021 (10) TMI 525 - KERALA HIGH COURT
Dishonor of Cheque - insufficiency of funds - misuse of cheque issued as security for older transaction - acquittal of the accused - rebuttal of statutory presumption under Section 139 of the Negotiable Instruments Act - legally enforceable debt or not - HELD THAT:- The fact that there was an earlier transaction in the year 1995 and that liability had been settled by repayment is a factor which would lend credence to the case of the 2nd respondent/accused that Ext.P1 cheque was one issued as security in the discharge of that liability and such cheque was misused by the appellant/complainant to make it appear that there was a subsequent transaction. In the totality of the facts and circumstance of this case, this Court should not interfere with the findings rendered by the trial court. The 2nd respondent/accused has succeeded in showing th....... + More
- 2021 (10) TMI 330 - DELHI HIGH COURT
Dishonor of Cheque - Proclamation for person absconding - reason to believe - Section 138 N.I. Act read with Sections 141 and 142 N.I. Act - HELD THAT:- The provisions of Section 82(1) and (2) Cr.P.C. should be construed strictly. Before issuing process, a Court is required to record its satisfaction that the accused has absconded or is concealing himself to avoid execution of warrants. It is apparent that the impugned orders suffer from the vice of non-application of mind and deserve to be set aside. The declaration of the petitioner as an ‘absconder’, as well as attachment of his properties, was neither fit in the facts and circumstances of the case nor was it in accordance with law. Accordingly, the impugned orders passed in proceedings under Sections 82/83 Cr.P.C. against the present petitioner are set aside - petition allowed.
- 2021 (10) TMI 329 - DELHI HIGH COURT
Grant of regular bail - Methamphetamine - petitioner is part of network who is engaged in supply/sale of Narcotics - Baggage Rules - Section 37 of the NDPS Act - HELD THAT:- Petitioner on 22.02.2018 was found in the possession of Methamphetamine and the same has been verified by conducting a chemical test of the sample of the seized material. The disclosure statement has lead to the arrest of two Nigerian accused in whose possession narcotics was found. It has also been discovered by the NCB that these two accused were living illegally in India on fake passports. Material on record discloses that the petitioner is a part of a network which deals in supply/sale of Narcotics. This is evident from the subsequent recoveries of Narcotics from foreign nationals. The clean & tidy track record of the Petitioner does not absolve her from being....... + More
- 2021 (10) TMI 309 - KARNATAKA HIGH COURT
Dishonor of Cheque - search, seizure and production of income tax returns with books of accounts - application rejected on the ground that as per the complainant, they have not filed income tax returns, therefore there was no reason to believe that such document was in possession of the witness to invoke Section 91 of Cr.P.C. - HELD THAT:- Having regard to the huge amounts involved in the transaction and production of the income tax returns for only one year, proper opportunity should have been given to the accused to substantiate his defence and depriving of such right amounts to depriving him of fair trial. So far as the allegations of delay, no doubt the matter is pending since 2014. But the documents produced by the petitioner go to show that delay had occurred on account of the acts of both the parties. The accused to substantiate hi....... + More
- 2021 (10) TMI 293 - BOMBAY HIGH COURT
Dishonor of Cheque - unregistered Partnership - maintainability of complaint under Section 138 read with 141 of the Negotiable Instruments Act, 1881 - HELD THAT:- In the case in hand, the learned Magistrate while issuing the process, has personally verified the complaint; perused the documents filed alongwith it and after taking into consideration the statement of Complainant on oath and upon hearing, learned Advocate for the Complainant at length held that there were sufficient grounds for proceeding against the accused. It shows that the learned Magistrate has not only verified the complaint and heard the Complainants’ Advocates, but also perused the documents filed alongwith the complaint for obtaining satisfaction as to sufficiency of ground for proceeding under Section 202. Though the accused Nos. 1, 2 and 3 were residing at a ....... + More
- 2021 (10) TMI 290 - MADRAS HIGH COURT
Validity of suit/case against the state president of a political party - though the petition has been filed for the offence u/s. 500 IPC, but curiously the summons have been issued by the court below directing the petitioner to appear in relation to an offence u/s. 138 of the Negotiable Instruments Act - non-application off mind - right of freedom of speech - Defamation - HELD THAT:- The fundamental right to freedom of speech gets ascendance over individual's perception of his own reputation and that the constitutional right cannot be curtailed by taking recourse to criminal jurisprudence - from the definition of "Defamation" it is evident that the words spoken or intended to be read or by signs or by visible representation, makes or publishes any imputation should be the basis on which the act of defamation could be held to....... + More
- 2021 (10) TMI 289 - MADRAS HIGH COURT
Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - legally enforceable debt or not - whether the first accused is the wife of the second accused is liable under Section 138 of the Negotiable Instruments Act? - HELD THAT:- Once the drawer admits the signature of the cheque, it is presumed that the drawer had given the cheque for discharging a legally enforceable debt or liability. The drawer is given an option to rebut the statutory presumption by adducing positive evidence in the form of proof. The respondent was admitted a signatory in the covering letter (Ex. P1) issued along with her postdated cheque (Ex. P2). The signature and execution of the cheque by the respondent herein is not disputed and clear in view of the legal notice (Ex. P3) issued by the respondent herein just prior to the due date of the cheque - T....... + More
- 2021 (10) TMI 288 - KARNATAKA HIGH COURT
Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - legally enforceable debt or not - failure to prove the cheque - HELD THAT:- There is no evidence as to when the vehicle was exactly seized, what was the condition of the vehicle and to whom it was sold, whether it was sold by auction or by any mutual agreement is not at all forthcoming. Hence, it appears that the complainant has managed the things amongst themselves and disposed of the vehicle. Complainant in the complaint nowhere asserted regarding seizure of the vehicle though PW. 1 claims that he has intimated the sale to accused No. 1 orally. The said contention cannot be accepted as the company is dealing with the matter and it is not accepted that company deals orally - it appears that the complainant has managed the things amongst themselves and disposed of t....... + More
- 2021 (10) TMI 240 - KERALA HIGH COURT
Jurisdiction - power of the Government to include the game "Online Rummy played for stakes" within the purview of the Kerala Gaming Act, 1960 - validity of notification issued by the Government, amending the exemption notification issued on 30.09.1976 under Section 14A of the Act - only restriction in the notification is that no side betting shall be allowed - HELD THAT:- Section 14 deals with games of mere skill. The observation referred to by the State Attorney can hence only take in situations like “side betting” during a game of Rummy, which has been taken care of by Ext.P7 notification and to profit or gain made by the owner of the house or club from the game of rummy or any other game played for stakes. What matters is not the stakes but the profit or gain made by the owner of the house. “Side betting&rdq....... + More
- 2021 (10) TMI 197 - GUJARAT HIGH COURT
Dishonor of Cheque - power of attorney had personal knowledge in respect of the transaction or not - vicarious liability can be created by the complainants or not - HELD THAT:- In a case, where the Director or an officer of the company who has signed the cheque on behalf of the company, there would not be any need to make any specific averments that they were in charge of and responsible to the company for the conduct of the business of the company nor would necessary to make any specific allegation about consent, connivance or negligence. The very fact that the dishonoured cheque was signed by him on behalf of the company would give rise to the responsibility under Sub-Section (2) of Section 141 of the NI Act. The learned Trial Court Judge, has specifically dealt with the averments made by the complainant and the documents referred and h....... + More
- 2021 (10) TMI 195 - JHARKHAND HIGH COURT
Seeking grant of Bail - Dishonor of Cheque - compromise entered into between the parties - HELD THAT:- Considering the facts and circumstances of this case and the nature of the offence involved in the present case and also the fact that the petitioner and opposite party no.2 have settled their dispute outside the Court and have filed joint compromise petition, the present criminal revision application is disposed of in terms of the compromise entered into between the parties in order to meet the ends of justice and secure peace between the parties. The Judgment of conviction and the order of sentence passed by the learned Judicial Magistrate, 1st Class, Hazaribag against the petitioner for offence under Section 138 of Negotiable Instruments Act and the Judgment dated 28.06.2019 passed by learned Additional Session Judge- XIV, Hazaribag a....... + More
- 2021 (10) TMI 192 - MADRAS HIGH COURT
Recovery of suit amount on the basis of promissory note - Money Suit - legally enforceable debt or not - suit was dismissed after holding that presumption under Section 118 of the Negotiable Instruments Act, 1881 could not be invoked - transaction did not conform to the mandate set out in Section 269SS of the Income Tax Act, 1961 - HELD THAT:- Section 118 of the Negotiable Instruments Act, 1881 states that the presumptions set out therein 'shall be made'. This is equivalent to saying 'shall presume'. It was held in PR. METRANI VERSUS COMMISSIONER OF INCOME-TAX [2006 (11) TMI 136 - SUPREME COURT] that a presumption in the form of 'shall presume' leaves no option with the Court not to make the presumption. The Court is bound to take the fact as proved until evidence is given to disprove it. Therefore, the first appel....... + More
- 2021 (10) TMI 157 - DELHI HIGH COURT
Seeking further time for payment of the first installment - petitioner states that he has instructions to withdraw the present application - HELD THAT:- The Court is surprised with this kind of instruction being given by the petitioner to its advocate. It creates a doubt whether petitioner intends to honour its commitments in terms of order dated 1st September, 2021. Be that as it may, the counsel for the respondent would have remedies in law, in case the payments in terms of the order dated 1st September, 2021 are not made. Both the applications are dismissed with costs of ₹ 10,000 each.
- 2021 (10) TMI 140 - BOMBAY HIGH COURT
Dishonor of Cheque - vicarious liability of a person who is responsible to the company for the conduct of business of the company - offences punishable under Section 138 read with Section 141 of the Negotiable Instruments Act - HELD THAT:- The averments are not to the effect that petitioner no.11 was ‘in charge’ of, but to the effect that, he was looking after and responsible for the day-to-day affairs, conduct and management of accused no.1Company. Expression ‘in charge’ and ‘looking after’ the affairs, conduct of respondent company, are distinct. Section 141 uses the words “was in-charge of, and was responsible to the company for the conduct of the business of the company”. In absence of averments in the complaint, that petitioner no.1 is also “in charge” of the business of the....... + More
- 2021 (10) TMI 131 - CALCUTTA HIGH COURT
Seeking return of seized amount - whether there is a serious error inasmuch as the learned Court failed to consider that the seized cash belong to Bharatiya Janata Party and the petitioner was authorized to collect the same? - HELD THAT:- Provision of Section 451 provides for that when any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fir for the proper custody of such property pending the conclusion of the inquiry or trial - Thus, it is understood that to avoid such situation powers under Section 451 Cr.P.C should be exercised promptly and at the earliest as it is of no use to keep valuable articles and currency notes in police custody for years till the trial is overThe seized articles being the cash of ₹ 30 lacs be deposited to the account of the BJP, West Bengal Unit after detailed panchnama and by taking photographs of such articles and on proper security. Application disposed off.
- 2021 (10) TMI 61 - CALCUTTA HIGH COURT
Seeking return of the seized cash - rejection on the ground that the seized cash belong to Bharatiya Janata Party and the petitioner was duly authorised for collection of the same and that needs to be returned - HELD THAT:- Let this report received on the E-mail of Mr. Dhiraj Trivedi, learned advocate for the Income Tax Department be kept on record. However, Income Tax Department will submit such report by way of an affidavit within a week. A copy of the affidavit with a report be served on the parties. Let the matter appear next Friday (13.08.2021).
- 2021 (10) TMI 45 - ORISSA HIGH COURT
Seeking quashing of FIR issued for offences punishable u/s 120-B IPC and Sections 7A, 8 and 9 of the Prevention of Corruption Act, 1988 - Bribe - active role in the management of the Trust or its constituent institutes, played or not - violations of the GST Act discovered during Audit of the University - HELD THAT:- It is a settled principle that the power to interdict a proceeding either at the threshold or an intermediate stage of the trial is a power which inheres in a High Court, under Section 482 of the Cr.P.C., on the broad principle that in the event the allegations made in the FIR or the charge-sheet, as may be, prima facie do not disclose a triable offence, there can be no reason as to why the accused should be made to suffer the agony of a legal proceeding that more often than not gets protracted. A prosecution which is bound to....... + More
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