Category: Supreme Court
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Whether preliminary inquiry under Section 340 Cr.P.C. is mandatory? SC refers the matter to larger bench.
The Supreme Court of India on the 26th of February 2020 passed as an order which raises considerable doubts. The case is in relation to section 420, 467, 468 and 471 of the Indian penal code 1860 with allegations that the accused had forged and fabricated documents in the course of the legal proceedings before…
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Can the State refuse to furnish any order which curtails fundamental rights?
In the case of ANURADHA BHASIN vs. UOI decided on 10th January 2020, the Supreme Court held as follows: As a general principle, on a challenge being made regarding the curtailment of fundamental rights as a result of any order passed or action taken by the State which is not easily available, the State should…
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Would Section 362 Cr.P.C. affect the inherent power of the High Court to review an order passed without Jurisdiction?
When an order is passed by the High Court without Jurisdiction, can the same be review again by the High Court, without being affected by Section 362 Cr.P.C. was the question that came before the Supreme Court of India in New India Assurance Co Ltd. vs Krishna Kumar Pandey decided on 6th December, 2019. The…
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Whether a cheque is a property for Section 406 IPC?
11. In Suryalakshmi Cotton Mills Ltd. v. Rajvir Industries Ltd. [(2008) 13 SCC 678], the Supreme Court has made the following observations explaining that a cheque is a property in consideration of Section 406 IPC. 24. However, a case for proceeding against the respondents under Section 406 has, in our opinion, been made out. A cheque being a…
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Mere Breach of a contract is not an offence
In All Cargo Movers (I) Pvt. Ltd. & Ors. v. Dhanesh Badarmal Jain & Anr. [2007 (12) SCALE 391], it was opined : We are of the opinion that the allegations made in the complaint petition, even if given face value and taken to be correct in its entirety, do not disclose an offence. For…
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Documents of Unimpeachable Character can be looked into by the Court under 482 Cr.P.C.
Suryalakshmi Cotton Mills Limited v. Rajvir Industries Limited and others, (2008) 13 SCC 678 the Hon’ble Supreme Court has made following observations explaining the parameters of the jurisdiction of the High Court in exercising its jurisdiction under Section 482 of the Code of Criminal Procedure in considering the documents of unimpeachable and sterling quality. “17. The parameters…
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Accused cannot seek modification of a condition based on which bail was granted
Accused cannot seek modification of a condition based on which bail was granted
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Whether a Magistrate can stop an investigation by Police?
It is settled law that a Judicial Magistrate does not have any Inherent Jurisdiction. The role and power of the Magistrate is confined within the four walls of the Code of Criminal Procedure, 1973. In other words, the Magistrate cannot cause to be done anything that has not been explicitly empowered by the Code. An…
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Imprisonment replaced with enhanced compensation in 138 Negotiable Instruments Act – cheque bouncing case – Supreme Court
Supreme Court modifies the punishment after concurrent finding of conviction by the Trial Court and Appellate Court taking into consideration the fact that the accused was a ‘victim of circumstances’. The punishment of 2 months altered to additional compensation of two months. In a benevolent approach, the Supreme Court had taken a very liberal view…
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Criminal case quashed as the accused has repaid the amount due to the bank
Usually, higher judiciary encourages quashing of criminal proceedings where it is a commercial crime, if the parties have settled the matter. However, in cases of bank frauds, where the money involved is public money, the Courts take a rather serious view. For example, in the case of ….. the Supreme Court has taken the stand…