Anticipatory Bail Declined Under Sections 498-A and 376 IPC Where Prima Facie Case of Sexual Assault Within Marriage Established
High Court dismisses anticipatory bail petition in case involving allegations of sexual assault and dowry-related cruelty, holding that prima facie case established and custodial interrogation necessary for investigation.
FIR Under Sections 406 and 420 IPC Quashed Where Non-Payment of Dues Under Highway Concession Agreement Is a Purely Civil Dispute
Punjab and Haryana High Court quashed FIR under Sections 406/420 IPC in dispute over non-payment of work order dues under NHAI highway concession agreement, holding that non-payment constitutes a purely civil matter.
Appeal Against Acquittal in Section 138 Negotiable Instruments Act Complaint Remanded for Fresh Trial on Evidence of Dishonest Intent
High Court remands cheque dishonour case for fresh trial after finding trial court failed to properly evaluate evidence of dishonest intent despite acquittal, emphasizing rigorous application of legal principles in NI Act cases.
Criminal Complaint Against Serving Police Officer Quashed for Want of Sanction Under Section 197 Cr.P.C.
The Punjab and Haryana High Court quashed a criminal complaint filed against a serving Sub-Inspector of Haryana Police, holding that prior sanction of the State Government under Section 197 Cr.P.C. had not been obtained before filing the complaint or taking cognizance.
Accused Acquitted Under Sections 376/342 IPC and Section 4 POCSO Where Prosecution Evidence Found Contradictory and Unreliable
Special Court Chandigarh acquitted accused under Sections 376/342 IPC and Section 4 POCSO Act where prosecution evidence was contradictory, victim and mother gave conflicting accounts, and age proof documents showed inconsistencies.
Section 446 Companies Act Cannot Override Section 138 Negotiable Instruments Act; NI Act Has Overriding Effect by Virtue of Section 143(1): Punjab and Haryana High Court
Punjab and Haryana High Court held that the NI Act confers overriding jurisdiction on criminal courts for cheque dishonour complaints under Section 138, even when a company is in winding up. The Companies Act cannot override the special law.