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SC: Article 226 cannot be Invoked to Quash Chargesheet After Cognizance The Counsel Journal 48.3 K followers September 11, 2025 By Advocate ABHISHEK J. The Supreme Court of India recently delivered a significant judgement clarifying the jurisdictional limits of writ petitions under Article 226 of the Constitution concerning the quashing of charge sheets and FIRs once cognizance of the offence has been taken by the trial court. The ruling arose from the case of pradnya pranjal kulkarni v. state of Maharashtra & Anr. (SLP Cr. No. 13424 of 2025) decided on September 3, 2025, by a Bench Comprising Hon'ble Justice Dipankar Datta and Prashant Kumar Mishra. Background The Petitioner sough quashing of an FIR registered under section 420, 406, and 409 read with section 34 of the Indian Penal code, 1860 before the Bombay High Court under Article 226 of Constitution and Section 528 of of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). The trial court had concluded investigation and fi...

Understanding Salmond's Definition of Tort: A Cornerstone of Civil Wrong Law  Author: Abhishek Jat, Advocate The Law of Torts forms a vital part of the legal system by addressing civil wrongs and providing remedies to those injured by the wrongful acts of others. One of the most influential definitions in the realm of tort law was formulated by Sir John William Salmond, a distinguished legal scholar whose work continues to shape our understanding of tort law today.  What is a Tort?  Salmond's perspective Salmond defined tort as:  " A civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract, or the breach of trust or other merely equitable obligations."  The definitions carries several important implications:   Civil wrong: A tort is a wrong against an individual or entity for which the injured party can seek remedy through civil law, as the opposed to criminal law which deals...

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 ...