A. Bharatiya Nyaya Sanhita, 2023—Section 290—Negotiable Instruments Act, 1881—Section 138—Proclaimed Person—Compromise—Withdrawal of Main Complaint— Proceedings under Section 290 BNS may constitute an independent offence — however, where such proceedings arose solely from non-appearance in a Section 138 NI Act complaint and the substantive complaint was subsequently compromised and withdrawn, continuation of Section 290 proceedings serves no useful purpose — Such continuation amounts to abuse of process of law — FIR and consequential proceedings were therefore quashed. [Paras 8–11, 14] B. Code of Criminal Procedure, 1973—Section 195—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 290—Proclaimed Person—FIR—Cognizance—Mandatory Co...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483(3)—Bail—Cancellation—Grounds—Supervening Circumstances— Cancellation of bail stands on a distinct and narrower footing than refusal of bail at the initial stage — Bail once granted cannot be cancelled merely because another view is possible — Cogent, compelling and overwhelming circumstances such as misuse of liberty, interference with justice, tampering, intimidation, absconding or violation of bail conditions are required — Mere apprehension unsupported by cogent material is insufficient. [Paras 6–8] B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483(3)—Cancellation of Bail—Grant of Bail Order—Illegality/Perversity—Material Non-consideration— Bail may also be cancelled where the ...

A. Negotiable Instruments Act, 1881—Sections 138, 139—Criminal Procedure Code, 1973—Section 482—Dishonour of Cheque—Quashing of Complaint and Summoning Order—Scope of Interference— Where the complaint and preliminary evidence prima facie disclosed the ingredients of the offence, and the accused did not dispute the signature or issuance of the cheque, the statutory presumption under Section 139 operated in favour of the complainant; whether the cheque was issued towards a legally enforceable liability was a matter to be tested at trial; exercise of inherent jurisdiction under Section 482 being exceptional, the High Court could not undertake a detailed examination of the merits or embark upon appreciation of evidence at the threshold. [Paras 8–12] B. Criminal Procedure Code, 1973—Sect...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Protection of Women from Domestic Violence Act, 2005—Sections 12, 18 to 23—Quashing—Specific Allegations—Mini-Trial— Where the complaint discloses specific allegations of physical, mental and economic abuse against the husband and mother-in-law, supported by earlier complaint, medical record and istridhan documents, proceedings cannot be quashed at the threshold. High Court cannot appreciate disputed evidence or conduct a mini-trial in exercise of limited inherent jurisdiction. [Paras 10–16] B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Protection of Women from Domestic Violence Act, 2005—Section 12—Quashing—Sister-in-law—Omnibus Allegations—Specific Role— Mere implication of ...

A. Negotiable Instruments Act, 1881—Sections 138 & 141—Dishonour of Cheque—Sole Proprietary Concern—Separate Arraignment—Not Necessary— A sole proprietary concern has no independent legal or juristic existence apart from its proprietor—the proprietor and proprietary concern are legally one and the same person—therefore, where the cheque is issued from the account of a sole proprietary concern and the proprietor is himself prosecuted, separate arraignment of the proprietary concern as an accused is not necessary—the principle in Aneeta Hada v. Godfather Travels & Tours (P) Ltd. requiring arraignment of the principal offender is applicable where the principal offender is a separate juristic entity and not to a sole proprietary concern. (Paras 17–20) B. Code of Criminal P...

A. Negotiable Instruments Act, 1881—Sections 138, 147—Compounding of offence after conviction—Where parties settled the cheque dispute for Rs.11,90,000/- and complainant consented to compounding, High Court can compound the offence even after conviction and dismissal of appeal, relying upon Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663—Conviction and sentence set aside and accused acquitted—Amount deposited before Trial Court directed to be released to complainant. (Paras 5–8) B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Negotiable Instruments Act, 1881—Section 147—Settlement of cheque dishonour case—On payment of entire settled compensation, continuation of criminal proceedings held unwarranted—Accused directed to pay Rs.20,000/- litigation co...

A. Negotiable Instruments Act, 1881—Section 148—Appeal against conviction—Deposit of compensation—20% deposit not absolute—Appellate Court may dispense with or reduce the deposit in an exceptional case, but reasons must be recorded—In the present case, considering financial hardship and the fact that complainant had received no payment since institution of complaint, Appellate Court rightly granted partial relaxation and directed deposit of 10% of compensation—No further interference warranted. (Paras 8–10) B. Negotiable Instruments Act, 1881—Section 148—Suspension of sentence—Financial hardship—While considering suspension of sentence under Section 389 Cr.P.C. in a Section 138 NI Act conviction, Appellate Court must balance the accused’s financial circumstan...

A. Negotiable Instruments Act, 1881—Sections 138, 118 & 139—Cheque issued towards liability of Trust—Legally enforceable debt—Statutory presumption under Sections 118 and 139 is rebuttable and accused can establish probable defence from surrounding circumstances and complainant’s evidence—Where documentary evidence showed that Trust’s liabilities had been taken over by newly inducted trustees and accused had ceased to manage Trust, personal liability for rent and other Trust dues was not established—Conviction rightly reversed and acquittal upheld. (Paras 15–25, 29–36) B. Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Scope of interference—Acquittal carries double presumption of innocence—Where First Appellate Court has ...

Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — FIR registered under Sections 420 and 120B IPC — Parties entered into a settlement and implemented the terms of compromise — Respondent No.2 derived benefits from the compromise but failed to support the verification proceedings before the Magistrate — Held, once a compromise is acted upon and benefits derived thereunder, the complainant cannot back out from the settlement, and continuation of criminal proceedings in such circumstances amounts to harassment and abuse of the process of law — FIR and all consequential proceedings quashed. [Paras 9 to 12] ...

A. Indian Succession Act, 1925—S. 63—Will—Proof—Indian Evidence Act, 1872—S. 68—Attestation—Suspicious circumstances— Propounder of Will must prove its due execution in accordance with S. 63 of the Succession Act read with S. 68 of the Evidence Act and must remove all real, germane and substantial suspicious circumstances surrounding its execution—Where one attesting witness deposes not only to his own attestation but also to attestation by the other witness, requirement of S. 68 stands satisfied—Non-examination of scribe is not fatal, his function being distinct from that of an attesting witness—Mere residence of attesting witness in neighbouring village or presence of beneficiary at execution, without proof of undue influence, fraud or coercion, does not constitute suspic...