Dishonor of Cheque - When the accused was not represented, ...

High Court Erred in Ruling on Appeal Without Representation for Previously Acquitted Accused; No Amicus Curiae Appointed.

July 6, 2019

Case Laws Indian Laws SC

Dishonor of Cheque - When the accused was not represented, without appointing any counsel as amicus curiae to defend the accused, the High Court ought not to have decided the criminal appeal on merits; more so, when the appellant-accused had the benefit of the acquittal.

View Source

← Previous Next →

Dishonor of Cheque - When the accused was not represented, ...

High Court Erred in Ruling on Appeal Without Representation for Previously Acquitted Accused; No Amicus Curiae Appointed.

July 6, 2019

Case Laws Indian Laws SC

You may also like:

In the absence of a scheduled offence/predicate offence, proceedings under the PMLA cannot be sustained. An accused assisting in concealment or use of proceeds of crime...

Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

In a money laundering case involving a predicate offence related to an illegal kidney transplantation racket and offences under the Indian Penal Code and Transplantation...

Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - Even though the accused is required to probabalise his defence to rebut the presumptions, he...

Dishonour of Cheque - Respondent/ Accused was acquitted - The delivery challans are produced by the Complainant, which were disbelieved by the Trial Court on the precise...

The Court should not decide a criminal case against the accused in the absence of his counsel since an accused in a criminal case should not suffer for the fault of his...

The HC permitted compounding of the offence u/s 138 of the Negotiable Instruments Act after the accused compromised with the complainant post conviction and sentencing....

The High Court acquitted the accused of the offence u/s 138 of the NI Act due to failure to prove a legally recoverable debt. The complainant's evidence did not align...

Dishonour of Cheque - Though the demand Promissory Note state and also it is pleaded by the complainant that accused had agreed to repay the said sum along with interest...

Provisional Attachment Order - scheduled offences or not - when the accused person has been acquitted in the scheduled offence under the PMLA, the closure of the...

Dishonor of Cheque - acquittal of the accused - the trial Court has rightly held that the accused was successful to rebut the presumption available to her under Section...

Conviction u/ss 420, 467, 468, 120B of the IPC and Section 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1988. Petitioner worked as Appraiser in Customs office....

Presumption u/ss 118(a) and 139 of the Negotiable Instruments Act was not properly applied by the Trial Court. When presumption u/s 139 is raised, the onus shifts to the...

The High Court acquitted the accused u/s 255(1) Cr.P.C due to failure to prove the cheque was issued to discharge a debt. The complainant's evidence was unreliable, and...

Detention order quashed due to non-supply of crucial documents relied upon by detaining authority, violating detenu's right to make effective representation under...

Quick Updates: