Negotiable Instrument Act, 1881, Section 138—Criminal Procedure Code, 1973, Section 482—Petition to quash Cheque dishonour complaint—In the context of reply given by the petitioner herein denying his liability, the complainant failed to allege supporting facts if any—Averment in the complaint filed by the opposite party herein are not sufficient to satisfy the mandatory requirements under section 141 of N.I Act—Since the averments in the complaint are not sufficient to attract the rigour of section 141 to create vicarious liability upon the petitioner herein, he is entitled to succeed in this Application—The petitioner has therefore made out a case for quashing the criminal complaint in relation to him in exercise of the jurisdiction under section 482 of the Cr.P.C. (Paras 30,31) ...

Bhartiya Nagrik Suraksha Sanhita, 2023—Section 144(4)—Criminal Procedure Code, 1973—Section 125(4)—Maintenance—Application for—Claim for—Willful separation by wife—The statutory right to maintenance under Section 125(4) CrPC (Section 144(4) BNSS) is not unqualified—Where the wife voluntarily resides separately without just cause and fails to establish credible allegations of cruelty, she forfeits her entitlement to maintenance—In the present case, absence of valid cause, such as proven cruelty or ill-treatment by the husband, a wife who voluntarily chooses to live apart is disentitled to maintenance—Mere bald allegations of torture, unsubstantiated by evidence, do not suffice to establish entitlement of maintenance—The wife’s unsubstantiated claims and her admit...

Penal Code, 1860—Section 302 r/w 34—Murder—Appeal against conviction—Delay in FIR submission to the Magistrate—Lack of Forensic Evidence—Appeal against acquittal—The prosecution failed to explain the five-day delay in placing the FIR before the Magistrate—Crucial forensic evidence, including an empty cartridge, blood-stained articles and the alleged murder weapon, was not sent for FSL examination—The non-seizure of the purported hurricane lantern, relied upon by a key witness to identify the assailants, casts doubt on the prosecution's version—The failure to examine the trajectory and efficacy of the torchlight further weakens the case—The absence of a ballistic report on the cartridge is fatal to the prosecution. Conviction set aside—The appeal is allowed. (Para ...

Quashing petition (A) Negotiable Instrument Act, 1881, Section 138—Code of Criminal Procedure, Section 482—Quashing petition—Territorial jurisdiction of, where the cheque was issued and not the place of dishonour—Challenging the said proceeding being no. 37105 of 2008, the complainant/opposite party herein preferred an Application before the Hon'ble High Court, Karnataka at Bangalore vide Criminal Petition no. 5489 of 2011 and the High Court by an order dated 1st February, 2012 was pleased to dispose of the same with the direction upon Additional Chief Metropolitan Magistrate Bangalore, to return the complaint as per provision of section 201 (a) of the Cr.P.C. for presenting the same before appropriate forum. (Para 6) (B) Indian Penal Code, Section 500—Code of Criminal Procedure, Section 4...

Penal Code, 1860 (IPC)—Sections 506, 195A—The revisional application seeks to quashing proceedings related to Special Case No. 20/2022, arising from Shibpur P.S. Case No. 26/2022 dated 31.01.2022 under Sections 506/34 of the Indian Penal Code and Section 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989—The petitioners, the mother-in-law and husband of the de facto complainant, are accused of threatening her to withdraw the case under Section 498A and using derogatory language—The petitioner has also filed another case under Sections 498A and 302/21—The state has placed the case diary, but only one witness claims to have heard derogatory language—The petitioner's senior counsel argues that Section 7 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrociti...

West Bengal Land Reforms Act, 1955—Section 4C—The petitioners filed an application under Section 482 of the Code of Criminal Procedure, 1973 to quashing the Charge Sheet No. 77 dated 31st January, 2014 under Section 4D of the West Bengal Land Reforms Act, 1955 arising out of Sonarpur P.S. Case No. 582 of 2013 (G.R. Case No. 2476 of 2013)—The petitioners claimed that they purchased a land under Mouza-Karimpur in 1991 and constructed a two-story building on the plot—The petitioners' wife, who has no connection to the land, sold the building in December 2014 and purchased a flat for their daughter—The complainant, the Block Land & Land Reforms Officer, Sonarpur Block, accused the petitioners of encroaching three plots of land without proper investigation and verification of the law—The petitioners ...

Penal Code, 1860 (IPC) — Sections 406, 420—The petitioners/accused persons have filed a Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quashing a proceeding involving the Asha Bhavan Centre—The petitioners, who are the President, Treasurer, Founder Secretary, and Director of the Asha Bhavan Centre, allege that the City of Joy Foundation France donated Rs. 29,77,840/- to establish 15 schools in rural Bengal, but no schools were established—The accused persons also transferred the funds to Sou Hardworks Proprietor - Tapan Sou, who is also an employee of the Asha Bhavan Centre—The petition was filed under Section 156(3) of CrPC and was treated as an FIR on 23.11.2016—The Investigating Officer submitted a Final Report, stating that the complainant and A...

Penal Code, 1860—Section 302—The appellant has challenged the judgment and order passed by the Learned Additional Sessions Judge in Sessions Trial No. 04(05)/2015, resulting from Sessions Case No. 6(D)/2015—The appellant was convicted for a crime punishable under Section 302 of the Indian Penal Code, 1860—Rehena Parvin, married to Anowar Hossain, was subjected to physical and mental torture by her husband, who demanded a further sum from her father—Rehena reported the incident to her father over telephone, and her father admitted her to MJN hospital with serious burn injuries—She died in Jeeban Deep Nursing Home—An FIR was registered against the husband and parents-in-law, and charges were filed against all three accused persons—The prosecution examined 23 witnesses and declared P.W.5, 6, 7,...

Commercial Courts Act, 2015—Section 12A—The plaintiff has filed a complaint for mandatory direction to issue a No Dues Certificate to the defendants regarding loans provided by Riga Sugar Company Ltd. and an injunction to prevent the defendants from deeming the plaintiff a defaulter—The plaintiff, the owner of Flat No. III(A) in Greater Kailash, New Delhi, agreed to create an equitable mortgage to secure financial assistance for Riga Sugar Company Limited—The valuation report determined the value of the premises at Rs. 6,97,50,000/-—The plaintiff provided a personal guarantee as a surety for the company, but restricted it to the value of the premises—In 2016, the company renewed the credit facilities of the defendants, and a Term Loan Agreement was executed—The plaintiff's senior advocate, Mr....

Two appeals are filed against the Kolkata Municipal Corporation for accepting property rates and taxes from private respondents in possession of premises No.1, Chitpur Ghat Lane, Kolkata-700002—The respondents claimed their names are mutated in the records of the Corporation, and therefore, they must accept the property rates and taxes—The writ petition was dismissed by a judgment and order dated February 10, 2023—The appellants filed two appeals, one directed against the judgment and order and the other against the order dated April 13, 2023—The appellants argued that there is an eviction proceedings against the private respondent/writ petitioner pending, and the private respondent is not entitled to pay the property rates and taxes—The learned Single Judge clarified that the Court was not entering into the ...