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Cheque Bounce and Section 138 NI Act: Detailed Legal Analysis with Recent Case Law By Abhishek Jat, Advocate, Gwalior High Court What is Cheque Bounce? A cheque bounce, or dishonour of cheque, happens when a cheque presented to the bank is returned unpaid. The most common reason is insufficient funds in the account, but other grounds include mismatched signatures, overwriting, stale or post-dated cheques, or stop-payment instructions. Cheque bounce disrupts financial reliability and can have serious legal consequences for the drawer, especially under Indian law. Legal Framework: Section 138 of the Negotiable Instruments Act Section 138 of the Negotiable Instruments Act, 1881, criminalizes the act of issuing a cheque that is dishonoured for insufficient funds or if it exceeds the arrangement with the bank. The law aims to ensure the credibility of cheque transactions and penalize those who issue cheques without maintaining adequate funds. The penalty can include imprisonment up to two ...

Supreme Court Invalidates Preventive Detention of Law Student Under NSA By Abhishek Jat, Advocate The appellant, a law student, was subjected to preventive detention under Section 3(2) of the National Security Act, 1980 (NSA) by the District Magistrate, Betul, Madhya Pradesh, through an order dated 11 July 2024. This order was subsequently extended four times, with the final extension valid until 12 July 2025. The detention was premised on the appellant’s alleged involvement in nine criminal matters, including the current case. Out of the previous eight cases, the appellant had been acquitted in five, convicted with only a fine in one, and was on bail in two pending matters. In the present case (Crime No. 236 of 2024), bail was granted on 28 January 2025, but the appellant remained incarcerated solely due to the preventive detention order. Legal Issues and Arguments Scope of Section 3(2) of NSA: Section 3(2) empowers the government to detain individuals to prevent acts prejudicial to t...

  Judicial Recognition of Transwomen in Matrimonial Offences: A Landmark Interpretation of Section 498-A IPC By Advocate Abhishek Jat In a groundbreaking judgment that furthers the jurisprudential recognition of transgender rights in India, the Hon’ble High Court of Andhra Pradesh, in Viswanathan Krishna Murthy & Ors. v. State of Andhra Pradesh & Anr. (Criminal Petition Nos. 6783, 7064, and 6830 of 2022), delivered on 16 June 2025 by Dr. Justice Venkata Jyothirmai Pratapa, addressed the novel issue of whether a transwoman, who is in a heterosexual marriage, can seek protection under Section 498-A of the Indian Penal Code, 1860 (IPC), and Section 4 of the Dowry Prohibition Act, 1961. The Court not only affirmed the transwoman’s right to file a complaint under matrimonial offence provisions but also quashed the proceedings against the accused due to absence of specific allegations, thereby harmonizing gender justice with safeguards against misuse of criminal law. Backgro...

  Telangana High Court Stays Conviction of Karnataka MLA Gali Janardhan Reddy in Illegal Mining Case By Abhishek Jat, Advocate Hyderabad, June 23, 2025-  In a notable judicial development, the Telangana High Court has intervened in the conviction of Gali Janardhan Reddy, a prominent Karnataka legislator, who was recently found guilty in a major illegal mining case. The court, presided over by Justice K. Lakshman, responded to Reddy’s plea to suspend his conviction and sentence, which had been handed down by the Principal Special Judge for CBI Cases in Hyderabad on May 6, 2025. This intervention came after Reddy argued that without such relief, he would face immediate disqualification from the Karnataka Legislative Assembly, thus losing his right to represent his constituency and participate in the impending by-election. The case, formally titled Gali Janardhan Reddy v. State of Telangana (2025 SCC OnLine TS 301), revolves around allegations of extensive illegal extraction and ...

  Breaking News | June 20, 2025 🔓 Unprecedented 16 Billion Credential Leak Exposes Google, Apple, Facebook Users Worldwide Reported by: Advocate Abhishek Jat, (Cyber Law Analyst, High Court of Madhya Pradesh) In what is being described as one of the most alarming cybersecurity developments of the decade, a staggering 16 billion login credentials linked to major tech platforms—including Google, Apple, Facebook , Telegram, GitHub, and various VPN and banking services—have been discovered circulating on underground cybercrime forums. This massive leak does not stem from a single data breach but is the result of malware-based data harvesting from millions of infected devices globally. Unlike traditional server-side hacks, the compromised data was collected from user-end computers infected with infostealer malware , such as RedLine and Raccoon Stealer, which silently exfiltrate saved passwords, cookies, form data, and session tokens from browsers and apps. Cybersecurity resear...

Cybercrime Surge and Online Hate Speech: The New Legal Battlefield in India By: Abhishek Jat, Advocate Date: 19 June 2025 India's rapid digital transformation has ushered in an era of unprecedented connectivity, revolutionizing communication, commerce, and social interaction. However, this digital expansion has been accompanied by a significant surge in cybercrime and a concerning rise in online hate speech. The digital landscape, once lauded for democratizing expression, has increasingly become a battleground for criminal activity, the spread of misinformation, and the exacerbation of communal tensions. Recent decisive actions by the Karnataka Police, including the registration of multiple First Information Reports (FIRs) against individuals for provocative online content, signify a critical shift in how Indian authorities are addressing digital offenses. This indicates that online hate speech is no longer merely a violation of platform policies but is now being treated as a seri...

MP High Court Allows Husband to Submit Wife’s WhatsApp Chats as Evidence in Divorce Case Author: Abhishek Jat, Advocate The Madhya Pradesh High Court at Gwalior, in a recent order, addressed the admissibility of WhatsApp chats obtained without consent in a matrimonial dispute. The case arose when Raman Upadhyay, the husband, filed for divorce from Smt. Anjali Sharma on grounds of cruelty and adultery under Section 13 of the Hindu Marriage Act, 1955. To substantiate the allegation of adultery, the husband produced WhatsApp conversations between his wife and a third party. These chats were accessed through a special application installed on the wife’s phone, which automatically forwarded her messages to the husband’s device, allegedly without her knowledge or consent. The wife, Smt. Anjali Sharma, strongly objected to the use of these chats as evidence. She argued that the husband’s act of installing the application without her consent was not only illegal but also a grave infringement o...

  Reporting Domestic Violence in India: A Comprehensive Legal and Social Guide By Abhishek Jat, Advocate Introduction Domestic violence is a pervasive and deeply rooted issue in Indian society, impacting women across all social, economic, and cultural backgrounds. Indian law recognizes domestic violence not merely as a private family matter but as a serious violation of fundamental human rights, warranting robust legal remedies and state intervention. This guide provides an in-depth analysis of the social realities, legal frameworks, landmark judgments, reporting mechanisms, and protections available to women under Indian law. The Staggering Reality: Prevalence and Impact of Crimes Against Women The scale of violence against women in India is alarming. According to the National Crime Records Bureau, a total of 445,256 cases of crimes against women were registered in 2022 alone. A significant portion of these cases fall under special and local laws specifically enacted for women's p...