Representation in Criminal Proceedings Before Magistrate Courts, Sessions Courts, Delhi High Court, and the Supreme Court of India
The firm handles criminal matters at multiple levels of India's judicial system — from trial proceedings before Magistrates and Sessions Courts to revision petitions before the Delhi High Court and Special Leave Petitions before the Supreme Court. The firm's criminal law practice also covers statutory offences under the Negotiable Instruments Act, 1881.
The firm's associates include Panel Counsel for the Union of India before the Supreme Court of India, with experience in drafting Special Leave Petitions and counter affidavits in matters of significant constitutional and legal importance. The firm approaches criminal matters with thorough preparation, careful research, and disciplined drafting.
Service overview
Criminal litigation requires an advocate who is conversant with both substantive criminal law and the procedural framework governing each stage of a criminal proceeding — from investigation and chargesheet to trial, appeal, and revision. The firm advises clients on their rights and options at each stage.
- Bail applications and anticipatory bail applications before Sessions Courts and the Delhi High Court
- Quashing petitions before the Delhi High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Criminal revision petitions and appeals before the Delhi High Court
- Matters under Section 138 of the Negotiable Instruments Act, 1881 (dishonour of cheques)
Kye features
The firm drafts and argues bail applications, anticipatory bail applications, quashing petitions, and revision petitions. In matters involving the Union of India before the Supreme Court, the firm has experience in drafting Special Leave Petitions in criminal matters and counter affidavits responding to such petitions. The firm also advises on matters under the Bharatiya Nyaya Sanhita, 2023.
Matters under Section 138 of the Negotiable Instruments Act, 1881 — which creates a criminal offence for dishonour of cheques — form a significant part of the criminal practice. The firm handles these matters from the stage of issuance of legal notice through trial, appeal, and revision, representing both complainants and accused persons.
Bail Applications
Drafting and arguing bail applications and anticipatory bail applications before Sessions Courts and the Delhi High Court on behalf of accused persons.
Quashing Petitions
Filing quashing petitions before the Delhi High Court seeking to quash FIRs, criminal complaints, or pending criminal proceedings on appropriate legal grounds.
NI Act Matters
Representing complainants and accused persons in cheque dishonour matters under Section 138 of the Negotiable Instruments Act before Magistrate Courts and in appeal proceedings.
General questions
A quashing petition is filed before the High Court under its inherent jurisdiction (Section 528 BNSS / erstwhile Section 482 CrPC) seeking quashing of an FIR, criminal complaint, or pending proceedings. Grounds include abuse of process of law, no cognisable offence being made out, or the matter being a pure civil dispute dressed as a criminal case.
Regular bail is sought after an arrest has been made. Anticipatory bail is sought before arrest in anticipation of imminent arrest under Section 482 BNSS (erstwhile Section 438 CrPC). If granted, the person is released on bail immediately upon arrest.
Section 138 of the Negotiable Instruments Act, 1881 creates a criminal offence where a cheque drawn by a person on their account is dishonoured due to insufficient funds or if the amount exceeds the arranged amount. The payee must issue a legal notice within 30 days of dishonour, and the drawer must make payment within 15 days of receipt of notice before a complaint can be filed.
A criminal revision petition can be filed before the High Court against an order of a Sessions Court or a Magistrate that is interlocutory or final in nature, provided it is not an order against which an appeal lies as of right. The High Court exercises revisional jurisdiction to correct errors of law or fact in the exercise of jurisdiction by subordinate courts.
A Special Leave Petition is filed before the Supreme Court of India under Article 136 of the Constitution seeking leave to appeal against any order or judgment of a High Court or other court. In criminal matters, it is the primary route for challenging High Court orders at the Supreme Court level.
