A. Negotiable Instruments Act, 1881—Sections 138 and 147—Dishonour of cheque—Compounding of offence during pendency of criminal revision—Conviction and sentence of two years’ simple imprisonment with compensation of Rs 5,00,000 upheld by Appellate Court—Parties entering into voluntary full and final settlement during revision, complainant acknowledging receipt of entire cheque amount and expressing no objection to compounding—Offence under Section 138 compoundable at any stage under Section 147, notwithstanding the stage of proceedings—Delayed compounding subject to guidelines in Damodar S. Prabhu v. Sayed Babalal H., including costs where applicable—Compromise accepted and conviction and sentence set aside, accused acquitted. (Paras 4-12, 18, 23-24)B. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 359 and 528—Neg...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Gravity of accusation—HELD—The gravity of the alleged offence, though a relevant consideration, is not by itself sufficient to deny anticipatory bail. The Court must assess the nature of the accusation, the applicant’s role, antecedents, likelihood of absconding or tampering with evidence, and the necessity of custodial interrogation in the light of the entire record. (Paras 9-10, 15-16).B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Subsequent allegation of rape—Earlier complaints and statements—HELD—The allegation of forcible intercourse first emerged in the victim’s statement under Section 183 of the BNSS, recorded after the anticipatory bail petition was filed, whereas the earlier complaint, FIR and department...

A. Constitution of India—Article 226—Review of order in criminal writ petition—Maintainability—Madras High Court Writ Rules, 2021—Rule 29(1)—HELD—A review petition against an order passed in a criminal writ petition under Article 226 is maintainable under Rule 29 of the Madras High Court Writ Rules, 2021, on the grounds specified in Order 47 Rule 1 CPC—The character of the proceedings as criminal in nature does not convert the writ court into a criminal court—Sections 362 CrPC and 403 BNSS, which bar review or alteration of judgments by criminal courts, do not curtail the High Court’s power to review or recall orders passed in exercise of its writ jurisdiction. (Paras 25-28, 34)B. Constitution of India—Article 226—Registration of FIR—Proposed accused—Right to prior notice and hearing—Principles of natural jus...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Bail—Criminal appeal—Challenge to rejection of bail—HELD—Where the appellants, accused of offences under Sections 191(2), 296(b), 115(2), 351(2), 192 and 196 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, had surrendered before the Trial Court and their bail application was rejected, the High Court, considering the nature of allegations and the period of incarceration undergone, found them entitled to bail. (Paras 1-7)B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s) and 3(2)(va)—Bharatiya Nyaya Sanhita, 2023—Sections 191(2), 296(b), 115(2), 351(2), 192 and 196—Bail—Allegations of caste-based i...

A. Negotiable Instruments Act, 1881—Section 118(a)—Code of Civil Procedure, 1908—Section 34—Promissory Note—Presumption of Consideration—Held—Admission of signatures on seven promissory notes raised statutory presumption of consideration—Defendant failed to rebut the presumption on a preponderance of probabilities, as the plea of coercion and alleged prior borrowings by his father-in-law remained unsupported by independent evidence—Promissory notes held supported by consideration. (Paras 30-36)B. Limitation Act, 1963—Section 4—Code of Civil Procedure, 1908—Order VII Rule 6 and Section 34—Limitation—Territorial Jurisdiction—Interest—Held—Suit presented on reopening day after summer vacation was within limitation for seven promissory notes dated 25.05.2015, but barred for two notes dated 21.02.2015—Part o...

A. Negotiable Instruments Act, 1881—Sections 138 and 147—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 359(6)—Compounding of offence during criminal revision—Held—an offence under Section 138 of the NI Act is compoundable at any stage of the proceedings in view of Section 147, notwithstanding the conviction being affirmed by the Appellate Court—High Court, exercising revisional jurisdiction under Section 359(6) BNSS, may permit compounding with the leave of the Court and record the resulting acquittal. (Paras 19, 24-25)B. Negotiable Instruments Act, 1881—Sections 138 and 147—Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 359(6) and 528—Compromise after affirmation of conviction—Exercise of inherent and revisional powers—Held—where parties enter into a voluntary full and final settlement and the complainan...

A. Code of Civil Procedure, 1908—Order VII Rule 11—Rejection of plaint—Scope of examination—Court must ordinarily consider the averments in the plaint and documents filed along with it, which form the basis of the pleadings—Where the bar of limitation, res judicata or Order II Rule 2 CPC is apparent on the face of the plaint and accompanying documents, the plaint may be rejected without requiring parties to lead evidence—No absolute bar against examining such legal bars at the stage of rejection of plaint. (Paras 13, 36)B. Code of Civil Procedure, 1908—Order IX Rule 9—Fresh suit—Dismissal of earlier suit for default—Earlier suit filed by plaintiffs along with their father seeking declaration of rights in cinema theatre business as joint family business, dismissed for default, with application for restoration dismissed ...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 175(3)—Direction for registration of FIR—Magistrate’s jurisdiction—Scope— Magistrate exercising jurisdiction under Section 175(3) is required only to examine whether complaint, read as a whole, prima facie discloses cognizable offences requiring police investigation—Magistrate is not required to adjudicate correctness of allegations, determine civil title or appreciate evidence at this stage—Where complaint discloses cognizable offences, Magistrate can direct registration of FIR and proper investigation—Refusal to exercise such jurisdiction on ground that dispute is civil in nature amounts to jurisdictional error. [Paras 18–26, 32–42]B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 175(3)—Civil dispute—Criminal offence—Co-existence of remedies— Mere exi...

A. Negotiable Instruments Act, 1881—Sections 118(a), 139 and 138—Dishonour of Cheques—Statutory Presumption—Held—Admission of signatures on cheques raises presumptions of consideration and legally enforceable debt in favour of the complainant, but such presumptions are rebuttable on the standard of preponderance of probabilities—Accused may establish a probable defence from the complainant’s evidence and surrounding circumstances. (Paras 18-19)B. Negotiable Instruments Act, 1881—Section 138—Legally Enforceable Debt—Rebuttal of Presumption—Held—Cheques signed on both sides, contemporaneous complaints by accused’s father alleging forcible procurement and subsequent police records probabilised the defence that cheques were issued for obtaining a Demand Draft and not towards discharge of liability—On shifting of on...

A. Penal Code, 1860—Sections 417, 376—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(1)(w)(i)—Suspension of sentence pending appeal—Victim and accused both majors and educated—Evidence indicating love relationship and repeated physical relationship on several occasions—Victim and petitioner being neighbours and meeting voluntarily in eucalyptus grove—Foetus not preserved in condition enabling DNA examination—Petitioner's paternity could not be conclusively established—Court, at the stage of suspension of sentence, found the relationship prima facie consensual and held that arguable points arose in appeal—Substantive sentence accordingly suspended pending disposal of appeal and petitioner enlarged on bail. [Paras 6–10]B. Penal Code, 1860—Sections 417, 376—Suspension of sente...