A. Negotiable Instruments Act, 1881—Section 143-A—Sections 138 and 142—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Interim compensation—Discretionary power—Held: Power under S. 143-A NI Act to grant interim compensation is discretionary and not mandatory—Use of expression “may” requires judicial application of mind—Court must prima facie evaluate complainant’s case and defence of accused before granting such relief—Mechanical exercise of power without consideration of defence (such as denial of signature) is impermissible—Impugned order granting 10% compensation set aside. (Paras 16 to 20, 23 to 25) B. Negotiable Instruments Act, 1881—Section 143-A—Interim compensation—Requirement of reasons and quantum—Held: Grant of in...

A. Code of Criminal Procedure, 1973—Section 372 proviso, Section 2(wa), Section 378(4)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413, Section 2(1)(y), Section 419(4)—Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Complainant as “victim”—Maintainability—Held: In cheque dishonour cases, complainant who suffers pecuniary loss is a “victim” within meaning of S. 2(wa) CrPC / S. 2(1)(y) BNSS—Such complainant has independent statutory right to file appeal against acquittal under proviso to S. 372 CrPC / S. 413 BNSS—Resort to S. 378(4) CrPC / S. 419(4) BNSS not mandatory—Victim’s right of appeal is substantive and not diluted merely because case instituted on complaint. (Paras 11 to 18, 21) B. Code of Criminal Pro...

A. Constitution of India—Article 227—Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 21(2)(b), 4(3) and 4(7)—Eviction—Scope of supervisory jurisdiction—Held: High Court will not interfere with concurrent findings of Rent Authority and Rent Tribunal where landlord-tenant relationship and statutory default stand proved—Non-compliance with S. 4(3) constitutes a valid ground for eviction under S. 4(7)—Eviction orders upheld. (Paras 2–4) B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 21 and 4—Grounds of eviction—Statutory non-compliance—Held: Even if default prior to commencement of Act may not independently justify eviction, admitted non-furnishing of tenancy particulars under S. 4(3) is sufficient—Eviction le...

A. Negotiable Instruments Act, 1881—Section 138—Sections 118 and 139—Dishonour of cheque—Dismissal of complaint—Rebuttal of presumption—Held: Appellant/complainant failed to establish source of funds for alleged loan of Rs 5,00,000 and did not produce demand promissory note—Contradictions in her evidence regarding financial capacity and prior dealings created serious doubt—Respondent successfully rebutted statutory presumptions under Ss. 118 and 139 by cross-examination and by producing defence documents (Ex. D1 and Ex. D2)—Burden shifted back to complainant, who failed to discharge it—Trial Court’s dismissal of complaint held justified and based on proper appreciation of evidence. (Paras 2 to 5) B. Indian Evidence Act, 1872—Section 145—Contradictions—U...

Negotiable Instruments Act, 1881—Sections 118 and 139—Section 138—Dishonour of cheque—Statutory presumption—Rebuttal—Financial capacity—Evidentiary value—Held: Presumption that cheque was issued towards discharge of legally enforceable debt is rebuttable—Accused can discharge burden by raising a probable defence on preponderance of probabilities—Where accused questions complainant’s financial capacity and genuineness of transaction, burden shifts on complainant to establish source of funds—Failure to produce contemporaneous evidence such as income tax returns, bank statements or reliable records casts serious doubt on existence of debt—Documents prepared belatedly without supporting material lack probative value—In such circumstances, presumption stands re...

Negotiable Instruments Act, 1881—Section 138—Conviction—Compromise between parties—Setting aside of conviction—Held: Petitioner convicted and sentenced under S. 138 NI Act and appeal dismissed—Subsequently, parties entered into compromise and complainant received entire compensation and expressed no desire to pursue proceedings—In view of settlement, judgment of conviction and sentence set aside—Petitioner acquitted subject to condition of depositing 10% of cheque amount with H.P. Legal Services Authority within stipulated time—Failure to comply to render order ineffective and petitioner liable to undergo sentence—Revision allowed and petitioner directed to be released forthwith unless required in any other case. (Paras 5 to 11) ...

A. Negotiable Instruments Act, 1881—Sections 118 and 139—Section 138—Presumptions and rebuttal—Acquittal—Held: Statutory presumptions regarding consideration and legally enforceable debt operate in favour of complainant but are rebuttable—Accused can discharge burden by raising a probable defence on preponderance of probabilities and need not prove case beyond reasonable doubt—Where complainant fails to establish existence of legally enforceable debt, particularly in cases involving large cash transactions unsupported by documentary evidence, presumption stands rebutted—Appellate Court justified in reversing conviction and acquitting accused—Further, where statutory notice is sent to correct address and returned unserved, presumption of due service arises unless rebutted by accused. (P...

A. Hindu Marriage Act, 1955—Section 13(1)(i)—Evidence Act, 1872—Section 112—Divorce—Paternity—DNA test—Husband disputing paternity of child born during subsistence of marriage—DNA test directed by trial court—Held, DNA test may be ordered to aid adjudication of matrimonial dispute, including allegation of infidelity—However, it cannot be used to declare child illegitimate unless presumption under Section 112 is rebutted by proof of non-access. [Paras 12–13, 17] B. Evidence Act, 1872—Section 112—Presumption of legitimacy—DNA evidence—Strong statutory presumption in favour of legitimacy of child born during marriage—Held, such presumption can be displaced only by clear proof of non-access—DNA test alone insufficient to rebut presump...

A. Negotiable Instruments Act, 1881—Section 138—Indian Contract Act, 1872—Section 25(3)—Limitation Act, 1963—Time-barred debt—Legally enforceable liability—Held: Cheque issued in year 2004 on basis of transactions of years 1997–1998—No acknowledgment or fresh agreement to repay within limitation—In absence of a valid promise under S. 25(3) of Contract Act, debt remains time-barred and unenforceable—Cheque issued for such liability does not attract S. 138—Acquittal justified. (Paras 12–13) B. Negotiable Instruments Act, 1881—Sections 118 and 139—Company complaint—Power of attorney—Authorization—Rebuttal of presumption—Held: Complaint prosecuted through power of attorney holder without production of Board resolution authorizi...

Negotiable Instruments Act, 1881—Section 138—Sections 118 and 139—Criminal Procedure Code, 1973—Section 320—Dishonour of cheque—Conviction—Settlement and compounding—Held: Respondent initially convicted by Trial Court for dishonour of cheque and sentenced to imprisonment with compensation—Appellate Court set aside conviction noting discrepancies in evidence including variance in signature—During pendency of further proceedings, parties entered into amicable settlement and agreed amount paid through demand drafts—In view of compromise, continuation of proceedings held unnecessary—Statutory presumptions under Ss. 118 and 139 stood eclipsed by settlement—Offence treated as compounded and respondent acquitted—Appeals dismissed accordingly. (Paras 1 to 5) ...