10:00 - 19:00

Our Opening Hours Mon. - Fri.

9069.666.999

Call Us For Free Consultation

Facebook

Twitter

Linkedin

GPlus

Blog

High moral and ethics standards.
 >  Blog

Filing an Appeal in a Cheque Bounce Case

Appeal in case of Acquittal:In a recent instance, the Madras High Court decided that under Section 378(4) of the Code of Criminal Procedure, 1973, an appeal against the acquittal of the accused in a cheque bounce case, can only be filed before the High Court. A High Court Bench comprising of Justices M.M. Sundresh, V Bharathidasan, and N. Anand Venkatesh ruled in the judgement of another full bench in S. Ganapathi v. N. Senthilvel (Crl. A (MD) No. 99 of 2015), stated that “An appeal against a Magistrate's decision of acquittal on a complaint would lie only before...

Continue reading

Grounds of Bail in a Cheque Bounce Case

Bail is the interim release of an alleged person awaiting trial, usually in exchange for a monetary deposit to ensure their attendance in Court. Bail generally refers to a bail bond, which is a deposit of money or property to the Court in exchange for the suspect's release from pre-trial custody.There are three types of bail that can be applied for i.e. • Regular Bail- this is usually issued to someone who has been arrested or is being held by the police. Sections 437 and 439 of the Criminal Procedure Code provide for the filing of a...

Continue reading

Determining Jurisdiction of a Court in a Cheque Bounce Case

The Negotiable Instruments Act (as amended in 2015), and the Negotiable Instruments (Amendment) Act, 2015, established that, the jurisdiction for bringing a complaint under section 138 of the Act would be the location of the drawee bank. “Logically, the place, site, or venue where the judicial investigation of the case and the trial of the offence should take place should be confined to the region where the drawee bank is located,” as reaffirmed in the judgment relating to Dashrath Rupsingh Rathod v. State of Maharashtra & Anr.(Criminal Appeal No. 2287 of 2009). Further, following the modifications, the Court...

Continue reading

Five Landmark Cheque Bounce Cases

The Negotiable Instruments Act of 1881 has a long-term goal in mind, and any decisions that have been made in cases involving this Act, have a huge impact on directing the Act along a road of progress, , and improvement. This is the primary reason why the importance of few major rulings must be explored and brought to light. Dalmia Cement (Bharat) Ltd v. M/S.Galaxy Trades & Agencies Ltd. (Appeal (Crl.) 957 of 2000),In this case The Supreme Court noted that Section 138 of the Negotiable Instrument Act was enacted with the specific purpose of establishing a particular provision...

Continue reading

Criminal Defenses in a Cheque Bounce Case

A cheque bouncing case occurs when a bank sends back any cheques unpaid owing to a lack of cash in the drawer's account, among other things. It's also known as dishonouring of cheques. The drawer is the one who legally issues the cheque, while the drawee is the one who receives the cheque. It is a breach of the drawer's obligation to pay the drawee. The dishonour of a cheque for inadequacy, etc., of money in the account is covered under Section 138 of the Negotiable Instruments Act, 1881. When a person with a bank account issues a cheque to...

Continue reading

Legal Remedies available against False Accusation of Rape after the Couple had Consensual Sex

Something strange is going on in India. The trend of pre-marital sex is on the rise, but simultaneously, so are the number of women falsely alleging rape after having consensual sex with the Boy. This has become a very big issue. After the FIR is lodged on the accusation of rape by women, arrest of the accused is certain. There are some legal remedies available to boys in case of false accusation of rape after he had consensual sex. Top Ten Criminal Defenses & Legal Remedies available against False Accusation/Allegation of Rape after the Couple had Consensual Sex Sexual Intercourse with the...

Continue reading

Legal Remedies available against False Accusation of Rape during a Live-in Relationships

With the changing mindset of Indian society, Live-in relationships are now being accepted. More and more adults are indulging in the practice of live-in relationships. But every new societal change has its own devastating effect on society. In this article, we focus on the False Accusation of Rape during a Live-in Relationships and Legal Remedies available against those False Accusations. Criminal Defenses & Legal Remedies available against False Accusation of Rape during a Live-in Relationships Consensual Physical Relationship cannot be termed as Rape:- In case of false accusation of rape after the accused and complainant had consensual sex in live-in relationship, the...

Continue reading

Criminal Defenses & Grounds of Bail in cases of Criminal Breach of Trust

Criminal Breach of Trust is an offence punishable under Section 406 of Indian Penal Code,1860. It is a Non-bailable and Cognizable offence. As it is a non-bailable offence, courts have the discretion to grant bail to the accused or not. Section 437 of Code of Criminal Procedure,1973 mentions the condition when bail can be granted in cases of non-bailable offences. Thus, in case of offence of Criminal Breach of Trust an accused can file an application for grant of bail and provide the arguments about the grounds on which the bail is sought and after that if the magistrate is...

Continue reading

Deciding Factors before Court grants Bail

When a bail application is submitted by the accused in cases of non-bailable offence, the court have the discretionary power to grant bail to the accused or not. In Bailable offences it is the matter of right to be released on bail and in non-bailable offences it will be the discretion of the court to grant bail or not. Section 437 of Code of Criminal Procedure,1973 mentions the condition when a bail can be granted in cases of non-bailable offences. While adjudicating bail applications the court keeps in mind some factors that helps in deciding whether to grant bail to...

Continue reading

Live-in Relationship: Laws | Criminal Defenses | Bail Grounds | Appeal | Landmark Cases

Recent judgements of the Supreme Court and High Court evince recognition of the live-in relationship by the law. In the recent order of the Hon’ble Supreme Court in the case of Gurwinder Singh & Anr. v. State of Punjab & Ors. [SLP(Crl.) No. 4045/2021] granted protection of life and liberty to the live-in relationship couple who were denied such protection by the Hon’ble Punjab and Haryana High Court. Then, later same Hon’ble Punjab and Haryana High Court granted protection of life and liberty to the couple of 18 years old and 21 years old in the case of Soniya and...

Continue reading