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Areas of Expertise

With prowess in multiple fields, we understand the complex workings of the law and handle them with
a difference. We believe in customised solutions that address our client’s legal
needs effectively. From courtroom litigation to boardroom negotiations,
you’ll definitely want INDIALAW on your side of the table.

All areas of expertise

Criminal Litigation

Introduction

At our law firm, we specialize in providing exceptional legal services in various practice areas, including criminal law. With our expertise, and commitment to our clients, we strive to deliver outstanding results in every case we handle after strategizing based on facts of the matter. Our adept team leaders, having notable experience in criminal law are experts in handling sensitive matters with specialized teams, motivated to ensure that justice is being served, by the hourglass.

Our expertise extends to end-to-end Criminal Litigation, White Collar Crimes, Environmental law, Criminal Defamation, and Offences under Special Enactments including Maharashtra Protection of Interest of Depositors Act, 1999, and Prevention of Money Laundering Act, 2002, Negotiable Instruments Act, 1881.

Overview

Define the practice area in clear and concise terms:

  • Criminal Litigation: Criminal litigation involves representing individuals or entities involved in criminal cases before courts of competent jurisdiction. It encompasses the defense or prosecution of criminal offenses and navigating the legal processes associated with such cases.
  • White-Collar Crimes: White-collar crimes refer to non-violent offenses typically committed in a business or professional setting. These crimes often involve financial frauds, cheating, embezzlement, money laundering, insider trading, or other financial crimes.
  • Offences under Special Enactments: This category includes offenses that are governed by special laws or acts. Examples include offenses under acts such as the MPID Act (Maharashtra Protection of Interest of Depositors Act), PMLA Act (Prevention of Money Laundering Act), NI Act (Negotiable Instruments Act), and MOFA Act (Maharashtra Ownership Flats Act).

Need for legal representation in Criminal Litigation

  • Criminal Litigation: Clients require legal representation for navigation of the complex legal system, including seeking Anticipatory Bail/Bail, issuing Legal Notices, filing complaints in stipulated formats under various legislations, recording pleas, summons/warrant compliance and issuance, drafting and filing of appropriate applications for seeking reliefs and orders, formulating prosecution/defense strategy before appropriate courts, and determination of proper jurisdiction.
  • White-Collar Crimes: Crimes involving financial frauds, embezzlement, circumventing of due procedure of law under special enactments, requires expert assistance due to the complicated inherent nature of the crime and technicalities of law. It is essential to have competent legal assistance to ensure safeguarding of assets and avoiding criminal charges, penalties and fines, imprisonment and attachment of assets. Legal representation is also needed before tribunals/courts to prosecute/defend against allegations, and minimize potential legal, financial and reputational consequences.
  • Offences under Special Enactments: Clients charged with offences under special enactments need legal representation with expertise in the specific laws and regulations governing their case. Specialized knowledge is crucial to effectively defend against or prosecute such offences.
  • Cyber Crimes: In today’s era of digitalization, the scope for Cyber Crimes such as Phishing, Identity theft, Cyber-Stalking, Hacking, Malware, Espionage, and Data-breach have increased multifold. Hence, it is imperative to have competent legal representation for protection of one’s rights, property and reputation in the Cyber Space.

Types of Cases or Legal Matters Handled

Our firm has a diverse Criminal law practice and has successfully represented Public and Private sector Banks, NBFCs, Corporates and Individuals.

Unique Aspects or Specialties Offered

  • Drafting, filing and listing of Applications in a time-bound manner.
  • Pan India presence with a network of local associates in major cities facilitating effective client liaison and service.
  • Dedicated Client Service Team and a Customized Portal providing clients with ready access to case information for convenience, in addition to daily E-mail updates of court proceedings;
  • Dedicated Clerk Team to handle court procedures and compliances efficiently and in a time-bound manner.

Services Offered

Our comprehensive list of services in the criminal law practice area includes:

  • Drafting and filing complaints before the police and magistrates.
  • Representation for quashing of FIRs, Charge-sheets, and criminal complaints.
  • Representation during Criminal trial.
  • Filing complaints with specialized investigation agencies.
  • Regular and Anticipatory Bail.
  • Representation in trials and appeals for offenses under the Indian Penal Code and special laws.
  • Criminal appeals and revisions.
  • Protest Petitions and Discharge Applications.
  • Prosecution/Defense in white collar crimes.
  • Cybercrimes, including cyber frauds, stalking, and identity theft.

Expertise and Experience

Our practice heads and teams possess extensive expertise and experience in Criminal law. We have successfully represented a wide range of clients and delivered timely results.

Noteworthy cases and our results demonstrate our credibility, knowledge and client-centric approach in this practice area. We have set landmark precedents while representing clients before various Criminal courts in high-stake matters involving renowned entities and groups such as Aegis, Fedex, GSK, Siemens Financial Services Private Limited, Siemens Limited, Siemens Healthcare Limited, Hindustan Unilever, BASF, Runwal, etc.

Our practice heads are certified professionals who have received recognition for their valuable contribution in the field of Criminal litigation.

Our Approach

Our approach to our Criminal law practice area is based on expertise, timely service, trust, professionalism, dedication, efficiency, and reliability. We believe in upholding uncompromised standards of integrity and delivering excellence where justice is earned by the book. We prioritize understanding our clients’ needs and situation to provide exclusive and tailored legal solutions. Our nationwide presence allows us to provide insights into the nitty-gritties of court procedure and act ahead of unforeseen situations.

Frequently Asked Questions (FAQs)

What are the types of negotiable instruments?

Negotiable instruments include promissory notes, bills of exchange, and cheques.

What are the essential elements of a negotiable instrument?

Following are the essential elements of a negotiable instrument:
1. Must be in writing
2. Contains an unconditional promise to pay
3. Amount is quantified and certain
4. Maybe payable either on demand or at a fixed future time
5. Shall be signed by the maker/drawer
6. Payee is a specific person/bearer.

What is the significance of endorsement on a negotiable instrument?

A negotiable instrument maybe endorsed by signing or endorsing the back of the instrument, thereby transferring ownership or rights to another party. It signifies the intent to transfer the instrument and enables the transferee to become a holder with legal rights.

Can a negotiable instrument be transferred without endorsement?

Yes, a negotiable instrument can be transferred without endorsement usually in case of bearer instruments. In such cases, possession of the instrument determines ownership.

What is the role of consideration in negotiable instruments?

Consideration is the value or benefit given in exchange for a negotiable instrument. It is an essential element in the creation and enforceability of the instrument. The promise or order to pay must be supported by consideration to make the instrument valid.

Can a negotiable instrument be modified or altered after its creation?

No alteration/modification should be made to a negotiable instrument after it is drawn as the same may render it is as invalid and therefore inadmissible.

What is the concept of holder in due course?

A holder in due course is a person who acquires a negotiable instrument in good faith, for value, without notice of any defects or claims against the instrument. They possess special rights and privileges and can enforce the instrument against prior parties, even if there are underlying disputes.

What are the consequences of dishonoring a negotiable instrument?

Dishonoring a negotiable instrument occurs when the party obligated to pay fails to honor the instrument as agreed. Consequences may include legal action under the Negotiable Instruments Act, 1881, Criminal liability, reputational loss, impaired credit score, imposition of penalties, etc.

Are digital or electronic signatures recognized on negotiable instruments?

Digital or electronic signatures are increasingly recognized as valid and legally binding on negotiable instruments.

What activities are considered money laundering under the PMLA?

Activities considered money laundering under the PMLA include acquiring, possessing, or transferring proceeds of crime, directly or indirectly, concealing or disguising the true nature, origin, location, disposition, movement, or ownership of such proceeds, and participating or assisting in any of these activities.

Who is responsible for enforcing the Prevention of Money Laundering Act?

The office of Enforcement Directorate (ED), a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, in India is the relevant authority under the PMLA.

What are the penalties for money laundering under the PMLA?

PMLA provides for imprisonment for 3 to 7 years, monetary fines, confiscation of proceeds of crime and attachment of property depending upon the offence.

What does Section 420 of the IPC define as an offense?

Section 420 defines an offense where a person dishonestly deceives another person with the intention of making them deliver property or valuable security or causing a loss to that person or another person.

What is the punishment for committing an offense under Section 420?

The punishment for committing an offense under includes imprisonment, which may extend up to 7 years, and/or a fine.

Is Section 420 a cognizable offense?

Yes

Can a company be held liable under Section 420?

Yes, a company can be held liable under Section 420.

Is there a time limit for filing a complaint under Section 420?

Limitation period is 3 years. However, the same maybe extended depending upon facts of the case.

Can a person be charged under Section 420 for making false promises?

Yes, a person can be charged under Section 420 for making false promises if it involves dishonestly inducing someone to deliver property or causing a loss to them.

Can Section 420 be applied to cases of online fraud and cybercrime?

Yes, Section 420 can be applied to cases of online fraud and cybercrime where the offense involves cheating and dishonestly inducing the delivery of property.

Can a person be charged under Section 420 for cheating a government entity or department?

Yes, a person can be charged under Section 420 for cheating a government entity or department if the elements of the offense are met.

Practice Heads

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