Offence Being Part Of Commercial Transaction Alone Not Enough To Avoid Trial: J&K High Court
1 month ago

Offence Being Part Of Commercial Transaction Alone Not Enough To Avoid Trial: J&K High Court

Live Law  

Dismissing a petition that sought the quashing of an FIR and charge sheet, the Jammu and Kashmir and Ladakh High Court held that merely because the offence was committed during the course of a commercial transaction, it would not suffice to conclude that the complaint does not warrant a trial. Merely because offence was committed during the course of a commercial transaction, would not be sufficient to hold that the complaint does not warrant a trial. Observing that commercial transactions cannot be treated as a Shield the Court rejected the argument that since the alleged offence occurred during a commercial transaction, it should be treated as a civil dispute. “Needless to say that, petitioner shall be free to approach the Trial Court for grant of bail in accordance with law”, the court concluded and dismissed the petition.

Trial Court Allegations Commercial Fir Complaint Transaction Offence Petitioner Commercial Transaction  transaction  court  commercial  offence  trial  allegations  respondent  petitioner  v  jk  avoid  high  complaint

History of this topic

Sanction covers all offences, says ED in Delhi liquor policy case
3 months, 3 weeks ago

Sanction covers all offences, says ED in Delhi liquor policy case

New Indian Express  

NEW DELHI: The Enforcement Directorate informed the local court on Saturday that the sanction obtained in the Central Bureau of Investigation case against former Delhi Chief Minister and AAP national convener Arvind Kejriwal was sufficiently comprehensive to encompass not just offences under the Prevention of Corruption Act, 1988, but also any other potential violations arising from the same facts. Kejriwal’s …

Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature
3 months, 3 weeks ago

Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature

Live Law  

After considering arguments and contentions raised by the parties, the contents of the FIR, Additional Sessions Judge Hemangkumar Girishkumar Pandya in its order observed, " The alleged period of cheating is from 01.03.2024 to 29.10.2024 whereas the FIR is registered on 29.10.2024. A Sessions Court in Ahmedabad, Gujarat on Monday granted anticipatory bail to Journalist and Senior Assistant Editor at …

Bizman’s bail plea dismissed : Non-disclosure of info, refusal to come court reasons why bail plea scrapped
1 year, 3 months ago

Bizman’s bail plea dismissed : Non-disclosure of info, refusal to come court reasons why bail plea scrapped

Hindustan Times  

The non-disclosure of the information by Chaittnya Aggarwal, about the investment of the MP Kirron Kher’s money and direct refusal to come to the court are the circumstances which went against him, as the court dismissed his anticipatory bail application today. When the Court asked for the reason why ₹8 crore was taken or why he was hesitating in disclosing …

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court
2 years, 1 month ago

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that a 'pseudo police report' under section 173 CrPC, even if filed within time frame of section 167 CrPC, cannot be given legal sanctity to betray the statutory/default bail right of an accused in a case. Meanwhile, after passing of the order dated 21.02.2022 of return of the so called …

White-Collar Crimes Not Committed By Sudden Provocation But With Deep Understanding Of Consequences: Madras High Court
2 years, 4 months ago

White-Collar Crimes Not Committed By Sudden Provocation But With Deep Understanding Of Consequences: Madras High Court

Live Law  

Denying bail to the former CEO of Surana Group of Companies in the alleged case of defrauding various banks to the tune of Rs 10,000 Crore, the Madras High Court recently observed that white-collar crimes are particularly harmful to the society as they are committed by well-educated and influential persons who understood the consequence of their actions. Therefore, if the …

Cognizance Of Complaint Taken After 2 Yrs Not Ground For Considering Entitlement Of Anticipatory Bail: Chhattisgarh High Court
3 years, 1 month ago

Cognizance Of Complaint Taken After 2 Yrs Not Ground For Considering Entitlement Of Anticipatory Bail: Chhattisgarh High Court

Live Law  

Refusing to grant anticipatory bail under the Prevention of Money Laundering Act, 2002, the Chhattisgarh High Court held that merely because the case is registered on complaint and cognizance of the complaint is taken by the Court after about two years, will in itself is not a ground considering entitlement of anticipatory bail. An application was filed under Section 438 …

Court Not Denuded Of Power To Look Into Anticipatory Bail Plea In Cases Under SC/ ST Act: Calcutta HC [Read Judgment]
6 years, 2 months ago

Court Not Denuded Of Power To Look Into Anticipatory Bail Plea In Cases Under SC/ ST Act: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court has held that despite the recent amendment providing against the applicability of Section 438 CrPC to cases under the Scheduled Castes and the Scheduled Tribes Act, a court is not denuded of its power to look into the anticipatory bail petition of a person accused of having committed an offence under Section 3. The Calcutta High …

Discover Related