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Articles tagged #Section528BNSS
Section 138 Cheque Bounce Proceedings Cannot Be Quashed at Threshold Over Disputed Liability Amount: Supreme Court
Reiterating the scope of statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, the Supreme Court held that factual disputes regarding the exact quantum of debt or partial repayment cannot be adjudicated in a quashing petition before trial.
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TNPID Special Court Proceedings Quashed After 100% Settlement of All 75 Depositors: Madras High Court Terminates Decade-Old EOW Prosecution
In M/s. Achievers Agri India (P) Ltd. & Others v. State Rep. by DSP, EOW-II, Salem (Crl.O.P. No. 20223 of 2026, decided on 24.09.2026 and clarified on 02.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court quashed the entire criminal proceedings in C.C. No. 11 of 2015 on the file of the TNPID Special Court, Coimbatore, after recording that all 75 depositors involving claims of Rs. 41,23,420/- had been settled in full.
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NDPS Commercial Quantity Prosecution Quashed: Madras High Court Holds Co-Accused Confession Without Bank or Corroborative Proof Cannot Sustain Trial
In Shek Naseer Useen @ Shaik Nazeer Hussian v. State (Crl.O.P. No. 31964 of 2026, decided on 03.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court quashed NDPS Special Court proceedings in C.C. No. 531 of 2024 involving 117.850 Kgs of ganja against Accused No. 5 and ordered his immediate release from Puzhal Central Prison, holding that a co-accused's police confession is inadmissible under Section 23 of the Bharatiya Sakshya Adhiniyam (Section 25 Evidence Act) and Tofan Singh v. State of Tamil Nadu.
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Section 138 NI Act Appeal and 20% Compensation Deposit: Madras High Court Upholds Appellate Condition Absent Exceptional Circumstances and Extends Time to Deposit
In Mohanlal Bora v. M/s. Darshan Comtrade Pvt. Ltd. (Crl.O.P. No. 19171 of 2026, decided on 03.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court applied the Supreme Court precedent in Jamboo Bhandari and held that while the 20% compensation deposit for suspension of sentence in a cheque bounce appeal can be reduced or exempted in exceptional cases, the appellate order must be upheld where no valid exceptional circumstance is shown, while granting an extension of time to comply.
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Onerous Bail Condition Requiring Rs. 20 Lakh Property Document Deleted: Madras High Court Modifies Sessions Court Anticipatory Bail Order in Chit Dispute
In Selvamurugan v. State (Crl.O.P. No. 16985 of 2026, decided on 04.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court deleted an onerous anticipatory bail condition imposed by the Principal Sessions Judge, Puducherry, which had required the accused to produce a property title document worth Rs. 20,00,000/- in a case arising out of a disputed chit fund transaction.
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BNSS Section 91 Bond Is Not Bail: Madurai Bench Upholds Remand in Custodial-Death Trial
Madurai Bench upheld remand of accused police personnel in a custodial-death trial, ruling that appearance bonds under BNSS Section 91 did not automatically confer bail.
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Second Charge Sheet on Same Allegations Cannot Continue: Madras High Court Quashes DVAC Proceedings
The Madras High Court quashed a second criminal prosecution arising from the same FIR and substantially identical allegations, holding that an accused cannot be prosecuted twice for the same offence and facts. The Court also found fault with further investigation conducted after trial commenced without obtaining permission from the trial court.
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