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Mohit Khandelwal & Associates
Brief Facts On receiving information pertaining to a consignment containing gold and foreign currencies, escaping the watchful eyes of the customs department, four persons were apprehended. On eliciting further information from them, a search was conducted yielding huge quantity of gold, along with the recovery of foreign currencies of various denominations. As a consequence, the...
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Brief Facts The FIR was registered against the Appellant accused being a member of a gang which was involved in several criminal cases as enlisted in the FIR. The FIR narrated that the gang has a criminal history and consequently the FIR was registered under section 3(1) of the Gangster Act. The application was moved...
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Brief Facts A clinic run by the Appellant was inspected by State officials, revealing 29 types of allopathic medicines without the necessary sales license. The Trial Court convicted the Appellant and sentenced him to two years of rigorous imprisonment and fines for commission of offence under Section 18 (c) read with Section 27 (b)(ii) of...
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Brief Facts The Respondent Drug Inspector drew samples of two batches of a drug named Rabeprazole Tablets from a medical shop named City Medicals in Kozhikode, Kerala on 29.01.2010. The said drug is manufactured by the company named Indica Laboratories (Pvt.) Ltd. of which the Appellants are the directors. Reports were obtained on 30.03.2010 and...
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Brief Facts The Appellants, Rajesh Viren Shah and Sanjay Babulal Bhutada (Directors of the Company), were implicated as accused individuals in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, pertaining to the dishonouring of cheques dated 22 March 2014 issued by the Respondent Company. However, these directors had resigned from the...
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Brief Facts The appellant challenged the rejection of his application under Section 482 CrPC by the Gujarat High Court of a case under Section 138 of the NI Act. The appellant was accused of issuing a cheque for Rs. 10 lakhs that was dishonoured due to “insufficient funds and dormant account.” During trial, the appellant...
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Brief Facts Appellant herein challenged the judgment and order dated 23rd January, 2018 passed in Crl. R.P. No. 1111 of 2011, whereby the High Court of Kerala allowed, only in part, his Revision Petition against the judgment and order of the learned Additional Sessions Judge, Thrissur, dated 11th January, 2011, in Criminal Appeal No. 673...
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Brief Facts Four independent complaint cases were lodged in the Court of the Metropolitan Magistrate, Kolkata by the Petitioner which were registered as CC Nos. 34905, 34906, 34907 and 34908 of 2009 respectively. The facts of the case are that the Petitioner had granted financial assistance to the Accused/Respondent No. 1, in discharge of which...
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Brief Facts In 2012, Respondent No.2-complainant paid Rs. 1.55 crores advance to Appellant’s company for supply of a fiber laser cutting machine, which was never delivered. The Appellant issued 5 cheques for refund, which were dishonoured, leading to proceedings u/s 138 NI Act and FIR u/s 406, 420, 120B IPC. The Appellant was convicted by...
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Brief Facts Respondent No. 1 and 2 are the partners of M/s Mouriya Coirs. Respondent No. 1 issued the cheque of the Firm in favour of the Complainant and the cheque was returned unpaid. Complainant issued demand notice to the Respondents and later filed the NI Complaint. The Respondents challenged the complainant and contested that...
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