A. Negotiable Instruments Act, 1881—Sections 138, 118(a) and 139—Dishonour of cheque—Statutory presumptions—Rebuttal—Service of notice—Held: In a prosecution under Section 138, once the drawer admits or the complainant proves execution of the cheque and the signature thereon, the statutory presumptions under Sections 118(a) and 139 arise that the cheque was issued for valid consideration and in discharge of a legally enforceable debt or liability. The burden then shifts to the accused to rebut the presumptions by leading cogent and probable evidence. A mere denial of liability or an explanation offered in the statement under Section 313 of the Code of Criminal Procedure, without supporting evidence, does not rebut the statutory presumptions. Further, where the statutory demand notice is dispatched to th...

A. Negotiable Instruments Act, 1881—Sections 138 and 147—Dishonour of cheque—Compounding after conviction—Held: The offence under Section 138 is compoundable at any stage of the proceedings, including after conviction by the Trial Court and affirmation thereof in appeal. Where the parties voluntarily settle the dispute and the accused agrees to pay the entire agreed compensation to the complainant, the High Court, in exercise of powers under Section 147, may compound the offence, set aside the judgments of conviction and sentence, and acquit the accused. While granting such relief, the Court may impose appropriate conditions, including payment of litigation expenses to the complainant and compounding costs in accordance with the principles governing delayed compounding. (Paras 5 to 10) B. Negotiable Instruments ...

Negotiable Instruments Act, 1881—Sections 138 and 147—Dishonour of cheque—Compounding of offence after conviction—Held: An offence under Section 138 is compoundable at any stage of the proceedings, including after conviction, where the parties voluntarily settle the dispute. On being satisfied that the compromise is genuine and the agreed amount has been paid or secured, the Court may exercise its power under Section 147 to set aside the judgments of conviction and sentence, acquit the accused, and impose appropriate conditions, including payment of litigation expenses and compounding costs, to ensure that the settlement is fair and in accordance with law. (Paras 8 to 10) ...

Negotiable Instruments Act, 1881—Sections 138 and 147—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Compounding of offence—Post-conviction compromise—Held: An offence under Section 138 of the Negotiable Instruments Act is compoundable at every stage of the criminal proceedings, including after conviction, where the parties voluntarily settle the dispute. Upon being satisfied about the genuineness of the compromise and fulfilment of the agreed terms, the Court may permit compounding under Section 147 of the Act read with the applicable procedural provisions, set aside the conviction and sentence, and terminate the criminal proceedings. While granting such relief, the Court may impose appropriate conditions, including payment of litigation expenses to the complainant and compounding costs, to balan...

A. Negotiable Instruments Act, 1881—Sections 138 and 139—Dishonour of cheque—Statutory presumption—Financial capacity of complainant—Held: Once the execution of the cheque and the drawer's signature are admitted or proved, the presumption under Section 139 arises that the cheque was issued towards discharge of a legally enforceable debt or liability. The presumption, however, is rebuttable and the accused need only establish a probable defence on the touchstone of preponderance of probabilities. Where the accused, through cross-examination or other material, creates a genuine doubt regarding the complainant's financial capacity to advance the alleged loan or the very existence of the transaction, the statutory presumption stands rebutted. In such circumstances, the burden shifts back to the complainan...

A. Land Acquisition Act, 1894—Section 18—Compensation for acquisition of land—Apple trees uprooted and partially damaged—Enhancement of compensation—Held, the claimant was entitled to compensation in respect of 14 uprooted apple trees, in accordance with the expert valuation report (Ext. PW-1/A), which assessed the loss at Rs. 2,66,889/-—The Reference Court erred in restricting compensation to 12 trees despite the expert evidence supporting the existence and valuation of 14 uprooted trees—The award was accordingly enhanced to that extent. (Paras 9-13) B. Evidence—Compensation for partially damaged trees—Burden of proof—Held, a claim for compensation in respect of partially damaged apple trees cannot be allowed in the absence of reliable documentary or expert evidence establish...

A. Bharatiya Nyaya Sanhita, 2023—Sections 109, 190, 191(2), 191(3), 115(2) and 117(2)—Bail—Principles governing grant—Held, where the allegations disclose that the accused, acting in furtherance of a common intention, attacked the victims with a deadly weapon and caused serious injuries, the gravity of the offence and the severity of the prescribed punishment constitute significant considerations against the grant of bail—The Court must also assess the possibility of the accused absconding, influencing witnesses, or otherwise interfering with the course of justice—In the facts of the case, these considerations weighed against enlargement of the petitioner on bail. (Paras 11-13) B. Criminal Procedure—Bail jurisprudence—Relevant factors for exercise of discretion—Held, the discretion ...

A. Bharatiya Nyaya Sanhita, 2023—Section 103; Arms Act, 1959—Sections 25 and 27—Regular bail—Parameters governing grant in heinous offences—Held, while considering a prayer for bail in cases involving allegations of murder and criminal conspiracy, the Court must evaluate the nature and gravity of the accusations, the severity of the punishment prescribed, the prima facie material connecting the accused with the offence, the likelihood of influencing witnesses or obstructing the administration of justice, and the larger societal impact of the crime—Where the allegations disclose prima facie involvement of the petitioner in facilitating the commission of the offence as part of a conspiracy to commit murder, the seriousness of the charge and the possibility of punishment extending to death or imprisonment ...

A. Bharatiya Nyaya Sanhita, 2023—Sections 103 and 3(5); Arms Act, 1959—Sections 25 and 27—Anticipatory bail—Heinous offences involving murder and conspiracy—Held, the extraordinary remedy of pre-arrest bail is not to be granted as a matter of course and is intended only for exceptional situations—While considering such relief, the Court must have due regard to the gravity and nature of the accusation, the prima facie involvement of the accused, the impact on investigation, and the severity of the prescribed punishment—In cases attracting punishment of death or imprisonment for life under Section 103 of the Bharatiya Nyaya Sanhita, 2023, the grant of anticipatory bail is ordinarily inappropriate unless compelling circumstances are established. (Paras 9, 12, 13, 17, 18) B. Criminal Procedure Code...

A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Successive petitions for quashing of FIR—Maintainability—Held, a second or successive petition under Section 482 CrPC seeking quashing of the same FIR is not maintainable in the absence of any substantial change in circumstances or emergence of new material facts—Re-agitating identical grounds through repeated petitions amounts to an abuse of the process of law and cannot be permitted. (Paras 6-8, 10-12) B. Criminal Procedure Code, 1973 (CrPC)—Section 362 read with Section 482—Inherent powers of High Court—Scope and limitation—Held, the inherent jurisdiction of the High Court under Section 482 cannot be invoked to circumvent or override the express prohibition contained in Section 362 CrPC against review or alteration of a final or...