Criminal Petition No. 101514 of 2025 (Ashok vs. Fayaz Aahmad) decided by the Karnataka High Court

 

Criminal Petition No. 101514 of 2025 (Ashok vs. Fayaz Aahmad) decided by the Karnataka High Court:

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⚖️ Case Summary

• Petitioner: Ashok, challenging the Magistrate’s cognizance in a cheque-bounce (Section 138 NI Act) complaint filed by Fayaz Aahmad.

• Respondent: Fayaz Aahmad (complainant under NI Act).

• Court: Karnataka High Court – Hon’ble Justice Shivashankar Amarannavar.

• Citation: 2025 LiveLaw (Kar) 172 casemine.com+3livelaw.in+3livelaw.in+3.

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📌 Legal Issue

Whether a Magistrate must afford the accused an opportunity to be heard under Section 223 of the BNSS Act before taking cognizance of a complaint filed under Section 138 of the Negotiable Instruments Act.

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🔍 Court Findings

• The court clarified that for complaints under Section 138 NI Act, the special procedural mechanism overrides general BNSS provisions.

• As a result, Magistrates are not required to give the accused prior hearing under Section 223 BNSS before taking cognizance in such cases livelaw.in+1livelaw.in+1.

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✒️ Final Outcome

• The petition by Ashok was dismissed.

• The Magistrate’s order taking cognizance without issuing notice to Ashok was upheld as legally valid.

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📌 Practical Implication

This ruling reaffirms that in cheque-bounce cases (Sec. 138 NI Act), the summary procedure is strictly followed, and accused persons do not receive a prior hearing before the Magistrate takes cognizance, even though Section 223 of the BNSS Act suggests it in more general offences.

Under the Hindu Succession Act, 1956, when a Hindu female dies intestate (without a will), her property devolves as per Section 15 and Section 16 of the Act

 Under the Hindu Succession Act, 1956, when a Hindu female dies intestate (without a will), her property devolves as per Section 15 and Section 16 of the Act.

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🔍 Relevant Legal Provisions:

Section 15(1) of the Hindu Succession Act governs the succession of a female Hindu’s property, and Section 16 lays down the rules of succession.

Section 15(1): Order of heirs

The property of a female Hindu dying intestate shall devolve:

(a) first, upon the sons and daughters (including children of any pre-deceased son or daughter) and the husband;

(b) second, upon the heirs of the husband;

(c) third, upon the mother and father;

(d) fourth, upon the heirs of the father;

(e) lastly, upon the heirs of the mother.

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🧾 Given Scenario Breakdown:

• Deceased: Hindu mother, died intestate.

• Predeceased: Her husband (died earlier).

• Surviving heirs:

  • One living daughter (sister).

  • One predeceased daughter (died earlier), who left behind:

    • A son (grandson of deceased mother).

    • A husband.

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✅ Legal Succession Based on Section 15(1)(a):

At the time of the mother’s death, the legal heirs in Clause (a) are:

• Daughter (alive) → direct Class I heir.

• Son of predeceased daughter → grandchild through daughter, and as per Section 15(1)(a), child of a predeceased daughter is included.

• Husband of predeceased daughter → not included in clause (a). He is not a legal heir to his mother-in-law under the Hindu Succession Act.

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📘 Property Distribution:

So the property of the deceased mother will devolve equally between:

1. Her living daughter, and

2. Her grandson (i.e., the son of the predeceased daughter).

Thus, each will get 50% share in the mother’s estate.

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❌ Excluded:

• The husband of the predeceased daughter does not inherit anything from the mother-in-law under the Hindu Succession Act.

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📌 Final Answer:

Under Section 15(1)(a) read with Section 16 of the Hindu Succession Act:

• Living daughter → ½ share

• Grandson (son of predeceased daughter) → ½ share

• Husband of predeceased daughter → No share

Injustice anywhere is a threat to justice everywhere

 "Injustice anywhere is a threat to justice everywhere."

— Dr. Martin Luther King Jr.

📖 Context:

This powerful line comes from Dr. King's “Letter from Birmingham Jail” (1963), written during the American civil rights movement. It emphasizes the interconnectedness of human rights—that allowing injustice in one place ultimately undermines justice everywhere, no matter how distant.

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🧠 Meaning:

• Injustice is not isolated: If we ignore or tolerate injustice in one part of society, it weakens the moral and legal structure everywhere.

• Solidarity matters: Everyone must stand against injustice, even if it doesn't affect them directly.

• Justice is universal: You cannot safeguard your own rights while turning a blind eye to the rights of others.

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🏛 Relevance in Law and Society:

• Used in court judgments, legal education, and activism worldwide.

• Inspires human rights advocacy, constitutional law interpretation, and public interest litigation.

• Quoted frequently in Indian courtrooms and judgments to highlight the importance of upholding equality, liberty, and justice for all.

On the Constitution & Rights

 

📜 On the Constitution & Rights

🟩 "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it."
— Judge Learned Hand

🟩 "Equality before law is not enough; we must ensure equality in the eyes of the law."
— Chief Justice M.N. Venkatachaliah

🟩 "Justice delayed is justice denied."
— Legal Principle (Popular in Indian Judiciary)

Indian Legal Thinkers

 

Indian Legal Thinkers

🟫 Dr. B.R. Ambedkar
"Constitution is not a mere lawyer's document, it is a vehicle of Life, and its spirit is always the spirit of Age."

🟫 Justice V.R. Krishna Iyer
"Procedure is the handmaid, not the mistress, of justice."

🟫 Justice H.R. Khanna
"The Constitution is not a parchment of paper; it is a way of life."

🟫 Justice P.N. Bhagwati
"Law must not sit limply, while those who defy it go free and those who seek its protection lose hope."

Quotes on Constitutional Law and Justice

 

📜 Quotes on Constitutional Law and Justice:

1. "The Constitution is the supreme law of the land."
   — Article 141, interpreted by the Supreme Court

2. "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it."
   — Learned Hand (quoted often in Indian judgments)

3. "Equality before law is not enough; we must ensure equality in the eyes of the law."
   — Chief Justice M.N. Venkatachaliah

Quotes on Lawyers and Advocacy

 

⚖️ Quotes on Lawyers and Advocacy:

1. "A lawyer without books would be like a workman without tools."
   — Thomas Jefferson

2. "A lawyer’s duty is not to speak for victory, but for justice."
   — Modern legal maxim

3. "The first duty of society is justice."
   — Alexander Hamilton

4. "It is the lawyers who run the civilization. Judges are the passive part."
   — Justice Krishna Iyer