Quashing of Proceedings - The Legal Chamber

Supreme Court :Threats Alone Can Constitute Extortion “No Need for Money Exchange”| Section 387 IPC

18Jun

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Supreme Court

Supreme Court :Threats Alone Can Constitute Extortion “No Need for Money Exchange”| Section 387 IPC

The Supreme Court of India ruled that for a prosecution under Section 387 IPC, the delivery of property is not necessary, as this section punishes the act of putting a person in fear of death or grievous hurt "in order to commit extortion," which is a stage prior to the actual commission of extortion. The High Court's quashing order was set aside because it wrongly emphasized the non-delivery of money, which is not an essential ingredient for an offense under Section 387 IPC. Facts Of The Case: The case involves an appeal filed by M/s. Balaji Traders (appellant-complainant) against a High Court judgment dated June 28, 2024, which quashed a summoning order and proceedings in Complaint Case No. 58 of 2022 under Section 387 of the Indian Penal Code, 1860. The complainant, Prof. Manoj Kumar ...

Cheque Issued After Retirement? Supreme Court Says Partner Still Liable Without Proper Notice

The Supreme Court held that a partner's retirement from a registered firm under the Indian Partnership Act, 1932, requires strict compliance with Section 72—including public notice publication and Registrar of Firms updates—to absolve liability under Section 138 of the Negotiable Instruments Act, 1881. Non-compliance renders retirement legally ineffective. The High Court erred under Section 482 CrPC by deciding factual disputes (e.g., retirement date/liability) prematurely, as these require trial evidence. Signatory status is irrelevant for partner liability under Section 141 NI Act if involvement in firm affairs is alleged. Facts Of The Case: Shivappa Reddy (Appellant) filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, against M/s AVS Constructions (Ac...

Supreme Court Rules High Courts CAN Quash DV Act Proceedings Under Section 482 CrPC

The Supreme Court held that High Courts possess inherent jurisdiction under Section 482 CrPC (or Section 528 BNSS) to quash proceedings initiated under Section 12 of the Domestic Violence Act, 2005, as these applications are filed before Criminal Courts (Magistrates). However, such power must be exercised sparingly and only in cases of gross illegality or abuse of process, considering the civil nature of DV Act remedies and its objective as social welfare legislation. The Court clarified that proceedings under the DV Act, though heard by Criminal Courts, remain predominantly civil in character. Facts Of The Case: Vidhi Rawal (Respondent) married Prateek Tripathi on December 12, 2019, in Dewas, Madhya Pradesh. After two years, on December 8, 2021, she complained to Dewas police against Pr...