The Sentence Can Be Suspended under Section 389 CrPC, in Appeal Only If Convict Has Fair Chances of Acquittal. Also observations are made that the Appellate Court should not re-appreciate the evidence at the stage of Section 389 of the Cr.P.C. and try to pick up few lacunas or loopholes here or there in the case of the prosecution. Such would not be a correct approach.
In S.C. Narang Vs. State (NCT Of Delhi), 2025 INSC 688, the Hon’ble Supreme Court held that Section 75 of the Juvenile Justice Act, 2015 cannot be used to punish Chairman of the school’s Managing Committee as he neither has actual charge of the child nor control over him/her. The appeal arose from an incident... Read more » Read more »
In Bijoy Kumar Moni vs. Paresh Manna & Anr., the Supreme Court clarified that for an offence under Section 138 of the Negotiable Instruments Act, 1881, the cheque must be drawn on an account maintained by the accused. It emphasized that an authorized signatory of a company cannot be considered the “drawer” of the cheque... Read more » Read more »
The Supreme Court’s judgment in Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal (2025 INSC 1210) has conclusively addressed a long-standing ambiguity at the intersection of the Negotiable Instruments Act, 1881 and the Indian Trusts Act, 1882. The Court was called upon to decide whether a complaint under... Read more »
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