Negotiable Instruments Act 1881, section 147—Compounding Application— It has been asserted that the applicant/petitioner has filed a revision, which is pending adjudication before this court—The applicant has deposited the entire compensation amount at the very initial stage—Since the entire compensation amount has been deposited, the court can compound the offence punishable under Section 138 of the Negotiable Instruments Act—It is alleged, No fruitful purpose would be served by sending the applicant behind the bars—That complaint cannot be used as an arm-twisting method to recover the time-barred debt, which otherwise was not claimed by the respondent/complainant— The applicant/petitioner is ready and willing to comply with the orders passed by the Court; hence, the present application...

Civil Procedure Code, 1908—Order 6 Rule 17—Amendment of Written Statement After Commencement of Trial—Amendment of a written statement after the commencement of trial is permissible only if the party seeking amendment demonstrates due diligence and provides sufficient reasons for the omission in the original pleading—A belated amendment cannot be allowed if it alters the nature of the defense or causes prejudice to the opposing party, especially when evidence has already commenced—In the present case, the High Court dismissed a petition challenging the trial court’s order rejecting the petitioner-defendant’s application for amendment of the written statement—The petitioner sought to introduce a plea regarding the termination of a rent deed, but the court found that no plausible explanation w...

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 528—Quashing of FIR in Matrimonial Disputes—While general and vague allegations in FIRs arising from matrimonial disputes may justify quashing to prevent abuse of process, FIRs containing specific and detailed accusations supported by corroborative evidence are maintainable and should proceed to trial—In the present case, the High Court dismissed a petition seeking to quash an FIR and consequential proceedings related to allegations of cruelty and harassment under IPC Sections 498-A, 504, and 506 read with Section 34—The court observed that the informant's complaint contained precise allegations against each accused, specifying their roles in the alleged harassment—Additionally, witness statements supported the accusations, reinforcing the cred...

Penal Code, 1860 (IPC)—Sections 279, 201, 323, 506 read with Section 34—Scope of Revision Against Conviction and Appeal Against Acquittal—A High Court’s power in a revision against conviction is limited to correcting patent defects or errors of law—In an appeal against acquittal, the appellate court must not interfere unless the trial court’s judgment is perverse or manifestly erroneous—In cases where the accused were previously unknown to the complainant, identification must be corroborated beyond mere dock identification—In the present case, the High Court allowed a criminal revision petition, setting aside the appellate court’s conviction and restoring the trial court’s acquittal of the petitioners accused under IPC Sections 279, 201, 323, and 506 read with Section 34—Th...

Review Petition—Scope and Maintainability—Errors Apparent on the Face of the Record—A review petition is not an appeal and is maintainable only in cases of errors apparent on the face of the record or discovery of new and relevant evidence that was not available earlier despite due diligence—Mere disagreement with the reasoning of the judgment does not constitute a ground for review—In the present case, the High Court dismissed a review petition filed by the State seeking reconsideration of a judgment that had held that a fresh instrument was not necessary for the transfer of leasehold rights upon the sanction of a Scheme of Arrangement by the NCLT—The court noted that the grounds raised by the State did not reveal any error apparent on the face of the record—Furthermore, the judgment relied upon ...

FSL Examination allowed. Negotiable Instruments Act, Section 138—Indian Evidence Act, Section 45—Application to send Cheque to FSL was rejected—Inherent jurisdiction petition by Accused, to impugn that order—Allegation of Complainant tampered with the figure of ₹1,90,000/- and changed it to ₹ 4,90,000/—The application was opposed by filing a reply taking preliminary objections regarding lack of maintainability and the accused having not come to the Court with clean hands—An accused has a right to a fair trial—He has a right to defend himself as a part of his human as also a fundamental right as enshrined under Article 21 of the Constitution of India—The right to defend oneself and for that purpose to adduce evidence is recognised by Parliament in terms of sub-section (2) of Section 24...

Penal Code, 1860 (IPC)—Sections 452—Criminal Procedure Code, 1973 (CrPC)—Section 204(2)—Non-Filing of Witness List Not Fatal to Summoning Order—The requirement of filing a list of prosecution witnesses under Section 204(2) of the Cr.P.C. is directory rather than mandatory, and the absence of such a list does not automatically vitiate a summoning order unless it results in a failure of justice—A procedural lapse of this nature is a curable irregularity and does not warrant quashing of proceedings at the initial stage unless prejudice is demonstrated—In the present case, the High Court dismissed a petition seeking to quash criminal proceedings initiated upon a complaint, holding that the learned Magistrate had rightly taken cognizance as permitted by the Supreme Court after an earlier quashing&mdash...

Himachal Pradesh Financial Rules, 2009—Regularization of Contractual Employee After Acquittal in Criminal Case—Right to Consequential Benefits from Initial Eligibility Date—An employee whose regularization was withheld due to a pending criminal case but is subsequently acquitted is entitled to regularization from the date of their initial eligibility, along with all consequential benefits—The mere pendency of a criminal case cannot indefinitely deprive an employee of the benefits of regularization, particularly when the acquittal is honourable—In the present case, the petitioner was appointed as a Patwari on a contract basis in 2011—As per the State’s regularization policy of 2016, he became eligible for regularization on 01.10.2016 upon completing five years of contractual service—However, ...

Service Law—Retirement Age and Pension Eligibility—Class-IV Government Servant—Regularization and Qualifying Service Criteria—A Class-IV government servant initially appointed on a part-time or daily wage basis before 10.05.2001 and regularized on or after 10.05.2001 is entitled to retire at the age of 60 years as per the amended rules and judicial precedents—However, for pension eligibility, even after granting the benefit of one year of regular service for every five years of daily wage service, the employee must have completed at least 10 years of qualifying regular service—In the present case, the petitioner, a Class-IV employee, sought recognition of his entire service from the initial date of daily wage appointment for purposes of work-charged status, regularization, and pension eligibility—...

Contempt of Courts Act, 1971—Scope of “Consequential Benefits” in Retrospective Promotion—No Automatic Right to Further Promotion Without Specific Direction—The term “consequential benefits” in a court order granting retrospective promotion generally includes financial benefits such as arrears of pay and allowances and the right to be considered for further promotion based on revised seniority—However, it does not automatically entitle the beneficiary to a subsequent promotion to a higher grade unless explicitly directed by the court—Mere grant of retrospective promotion does not create an inherent right to claim further elevation, especially if no junior was promoted before the petitioner’s retirement—In the present case, the petitioner filed a contempt petition alleging n...