A. Criminal Procedure Code, 1973—Section 378(4)—Leave to appeal against acquittal under Section 138, NI Act—Scope of interference by Appellate Court—When Trial Court has appreciated evidence in detail, including the financial capacity of complainant and accused’s rebuttal of presumption under Sections 118 and 139 of NI Act, and has recorded a reasoned acquittal, the High Court should not interfere unless the judgment is perverse or manifestly illegal—Leave to appeal rightly refused. (Paras 9–11) B. Negotiable Instruments Act, 1881—Sections 138 and 139—Presumption of legally enforceable debt—Rebuttal by accused—Standard of proof—Once execution of cheque is admitted, presumption under Section 139 arises—However, this presumption is rebuttable—Accused...

A. Criminal Procedure Code, 1973—Section 378—Appeal against acquittal—Scope of appellate interference—Appellate Court reiterated the settled principles that interference in acquittal is permissible only where findings are perverse, based on misreading of evidence, or manifestly illegal—Double presumption of innocence in favour of accused strengthened upon acquittal—If two plausible views emerge from evidence, the view favouring the accused must be adopted—Trial Court’s view found to be reasonable and based on appreciation of evidence—No interference warranted. (Paras 7, 8, 11.1) B. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Legally enforceable debt—Rebuttable presumption under Section 139—Accused need not step into the witness box&...

Civil Procedure Code, 1908—Section 100—This second appeal addresses issues relating to specific performance of contract under the Specific Relief Act, 1963, and evidentiary and contractual principles—The Court held that under Sections 10 and 16(c) of the Specific Relief Act, the plaintiff failed to prove continuous readiness and willingness to perform the contract, as no oral evidence was adduced and merely submitting a cheque was insufficient—The plaintiff did not challenge the cancellation of the offer, thus specific performance could not be granted—Regarding the Evidence Act, 1872, documents exhibited without objection to mode of proof at trial cannot be objected to at appeal stage, and the defendant waived this right by failing to raise timely objections—Under Section 55 of the Contract Act, 1872, t...

This criminal appeal challenges the conviction under Section 138 of the Negotiable Instruments Act, 1881, confirmed by the Sessions Court, Mehsana—The appellant was convicted for dishonor of cheque and ordered to pay Rs.1,53,000/- as compensation, failing which imprisonment was imposed—The appellant submitted that the entire compensation amount was paid to the complainant bank during the appeal stage, supported by a receipt—The Court referred to the Supreme Court ruling in Raj Reddy Kallem v. State of Haryana (2024), which emphasized that offences under Section 138 are compoundable and compensatory remedies take precedence over punitive measures—The Court noted that even without the complainant’s consent, proceedings can be closed if the accused has compensated the complainant—Considering the appellant&...

Electricity Act, 2003—Section 135(1)(A)—A criminal appeal under Section 378(1)(3) of the Code of Criminal Procedure, the State challenged the acquittal of the accused for theft of electricity under Section 135(1)(A) of the Electricity Act, 2003—The accused was alleged to have illegally connected a wire to the low-tension line, using electricity without payment—The prosecution examined four witnesses and produced documentary evidence—However, on review, the Court found significant procedural lapses: no independent witnesses were recorded, no proper panchnama of seized wire was made, and critical documents lacked signatures of the accused or independent parties—The evidence was found to be largely based on hearsay and incomplete investigation—The Trial Court’s detailed evaluation concluded the...

A. Penal Code, 1860—Sections 498A and 306—Cruelty and Abetment of Suicide—Conviction Set Aside—Conviction of husband and mother-in-law under Sections 498A and 306 IPC set aside on appeal—Allegations were based solely on a single incident on the day of the deceased’s death concerning a domestic quarrel—Dying declaration and evidence did not establish sustained cruelty or any instigation to commit suicide—Held, a solitary quarrel, absent continuity or mens rea, cannot sustain conviction under Sections 498A or 306 IPC. (Paras 3, 5, 7, 8, 9, 13, 15) B. Penal Code, 1860—Section 306—Abetment of Suicide—Legal Standard Clarified—To attract Section 306, there must be clear and proximate acts of instigation, incitement, or active encouragement to commit suicide, coupled...

Negotiable Instruments Act, 1881—Sections 138 & 144—Service of Statutory Notice and Legally Enforceable Debt—Rebuttal of Presumption—Mode and Validity of Service—In this case under Section 138 of the Negotiable Instruments Act, 1881, the accused successfully rebutted the presumption of a legally enforceable debt by proving that the cheque in question, dated 30.03.2006, was a blank cheque issued in 2002 as security for a loan taken by a third party—The statutory notice sent under UPC and RPAD was not proved to have been duly served at the correct address, especially as the accused had ceased business at the address in 2006—There was no valid service upon the accused under Section 144 CrPC, and the complainant failed to prove that the accused was carrying on business at the said address—Fu...

Civil Procedure Code, 1908—Order 20, Rule 4—Contract Act, 1872—Section 129—Continuing Guarantee—Limitation—Civil Procedure Code, 1908—Order XX Rule 4—Decree on Improper Framing of Issues—In an appeal against dismissal of a recovery suit on limitation grounds, the High Court held that the guarantee executed by the defendants was a continuing guarantee under Section 129 of the Indian Contract Act—The trial court erred in treating it as a simple guarantee and dismissing the suit as time-barred—The limitation period began from the date of demand notice (05.07.1976), not from the date of initial disbursement in 1970, and hence, the suit filed on 24.03.1977 was within time under Article 55 of the Limitation Act—Crucially, the trial court had failed to frame a specific issue...

This petition under Article 226, the petitioners challenged Notices dated 19.10.2023 issued under Sections 48-A, 67, and 68 of the Gujarat Town Planning and Urban Development Act, 1976, directing removal of alleged unauthorized constructions on Khadi (creek) land in Village Puna, Surat, and sought variation in Preliminary Town Planning Scheme No.20 (Puna) sanctioned on 10.06.2019—Petitioners claimed long-standing possession and reliance on tax bills and unregistered agreements to establish ownership—The Court noted that the petitioners failed to produce valid ownership or development permission documents despite opportunity—It held that payment of property tax or electricity bills does not confer title or legal possession—The Court emphasized strict adherence to planning laws, citing Supreme Court judgments that un...

Penal Code, 1860—Section 306—The Gujarat High Court rejected anticipatory bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the parents-in-law of a woman who allegedly died by suicide due to prolonged mental and physical harassment—The FIR named the husband and both in-laws as accused in the abetment of suicide of the deceased, citing instances of domestic abuse, harassment, and previous suicide attempts—The Court noted specific, consistent allegations from witnesses and the victim's family about continued cruelty, instigation, and neglect by the applicants—The Court held that the allegations revealed a prima facie case and emphasized that the seriousness of the offense, the societal interest, and the need for custodial interrogation outweighed the liberty inter...