Criminal Appeal – Dismiss for Default – Section 138 NI Act – Complaint Restored – Appellant filed private complaint for dishonour of cheque amounting to ₹3,00,000 – Trial Court dismissed the case for non-appearance during cross-examination – Appellant cited unavoidable reasons for absence and lack of representation by counsel – Held: Dismissal not justified as absence was not deliberate – Complaint restored and remanded for disposal on merits [Paras 1, 3, 6–7].

Restoration of Complaint – Default Not Wilful – Fair Opportunity Granted – Despite prior conditional orders, complainant failed to appear on date fixed – High Court accepted explanation that non-appearance was not wilful – Held: Considering monetary value of cheque and intent to prosecute, opportunity granted for fresh adjudication [Paras 3, 5–6].

Judicial Discretion – Remand with Conditions – Directions to Avoid Delay – Court directed both parties to appear on specific date – Trial Court instructed to proceed without unwarranted adjournments – In case of continued non-compliance by complainant, Trial Court may proceed appropriately – Held: Judicial discretion exercised to balance justice with procedural discipline [Para 7].

Decision – Appeal Allowed – Complaint Revived – Matter Remanded – Dismissal of complaint set aside – Criminal appeal allowed – Complaint restored and matter remanded for fresh adjudication as per law [Paras 6–7].

Criminal Law - Probation – Benefit of Probation of Offenders Act – Sentence Modified – Conviction Upheld – Petitioner convicted under Sections 279 and 337 IPC and sentenced to 3 months rigorous imprisonment – Petitioner already underwent 1 month and 26 days of sentence – High Court while upholding the conviction granted benefit of probation for good conduct – Held: In view of no criminal antecedents and short sentence, release on probation appropriate under Sections 3 & 4 of the Probation of Offenders Act, 1958 [Paras 1–2, 10–11].

Sentencing – Principles of Reformative Justice – Emphasis on Rehabilitation – Referring to Som Dutt v. State of HP, (2022) 6 SCC 722 and Lakhvir Singh v. State of Punjab, (2021) 2 SCC 763 – Court reiterated the growing importance of reformation over punishment – First-time offenders should be provided a chance to reform rather than be exposed to hardened criminals [Paras 6–8].

Probation – Scope and Overriding Effect – Section 4 of Probation of Offenders Act – Supreme Court in Lakhanlal v. State of MP, (2021) 6 SCC 100, held that the provisions of the 1958 Act have overriding effect – Section 360 CrPC applies additionally but not to the exclusion of the Probation of Offenders Act – Trial courts must consider probation where applicable [Paras 8–9].

Conviction and Service Benefits – Effect of Probation – Section 12 of the Probation of Offenders Act – Court clarified that conviction and sentence would not act as a bar to petitioner’s retiral or service benefits – Judgment shall not be treated as stigma in employment context [Para 12].

Civil Law - Partition Suit – Conditional Settlement Deed – Partition Claim Rejected – The plaintiff sought partition and separate possession of 1/3rd share in the suit properties based on succession from the mother who executed settlement deeds in favour of defendants imposing obligation to pay amounts to the plaintiff – Held: The properties under the irrevocable conditional settlement deeds are not available for partition merely due to non-payment; plaintiff has no right of inheritance or partition, only a monetary charge exists [Paras 31-55].

Charge Over Property – Enforcement of Simple Mortgage Rights – Settlement Deeds created enforceable charge in favour of plaintiff – Failure of defendants to pay stipulated amounts within prescribed time makes properties liable for charge enforcement akin to simple mortgage under Sections 58(b) and 100 of Transfer of Property Act – Plaintiff entitled to enforce charge via sale of properties but not to claim partition rights [Paras 52-59].

Jewels – Movable Property Partition Allowed – 200 sovereigns of gold and diamond jewels were admitted to be in custody of third defendant – Court ordered appointment of Advocate Commissioner to inventory and partition jewels among plaintiff and defendants in equal 1/3rd shares – However, first charge of Mysore Silk Cloth Merchants Co-operative Bank Limited remains due to recovery proceedings, with plaintiff having a secondary charge [Paras 84-86].

Execution Proceedings – Right to Sale – Plaintiff allowed to proceed by filing execution application to recover dues through sale of properties charged under settlement deeds – Right of redemption preserved for defendants under Section 60 of Transfer of Property Act – Interest awarded at 12.5% per annum on delayed payments [Paras 59-83].

Court Fees – Direction for Differential Court Fee – Plaintiff directed to pay deficit court fee under appropriate valuation provisions within 60 days, failing which decree will not be drafted [Para 87].

Decision of the Judgment – Suit partly decreed, declaring plaintiff’s right to enforce monetary charge over immovable properties, right to partition movable assets (jewels), and liberty to enforce execution for recovery – Partition claim for immovable properties dismissed – No costs awarded [Para 88].

Cheque Dishonour – Defence of Payment Stop Due to Defective Goods – Acquittal Upheld – Appellant filed complaint under Section 138 of the Negotiable Instruments Act alleging dishonour of cheque issued by respondent towards outstanding dues for electronic goods – Respondent issued stop payment instructions citing defective and substandard goods – Trial Court found that respondent had sufficient funds to honour cheque but withheld payment due to dispute over defective goods – Held: The presumption under Section 139 NI Act rebutted as respondent established a plausible defence with documentary evidence including reply notice and account statement – Acquittal by Trial Court upheld as civil dispute over defective goods disentitles appellant from criminal remedy under Section 138 NI Act [Paras 6-7].

Payment Stop Instruction – Defence of Defective Supply – Validity of Acquittal – The respondent’s stop payment order coupled with detailed reply notice alleging defective goods amounts to rebuttal of presumption of debt – Criminal liability under Section 138 NI Act cannot be fastened where there is bona fide commercial dispute on quality of goods – Trial Court rightly concluded non-commission of offence under Section 138 [Paras 7-8].

Presumption under Negotiable Instruments Act – Rebuttal by Preponderance of Probability – Court reiterated that presumption under Section 139 NI Act is rebuttable by preponderance of probability – Where accused demonstrates credible reason for payment stoppage, prosecution fails to establish legally enforceable debt – Hence, conviction under Section 138 not warranted [Paras 7-8].

Appeal Against Acquittal – No Interference Warranted – Appeal dismissed as no perversity or illegality found in Trial Court’s reasoning – Acquittal sustained [Paras 8-9].

Decision of the Judgment – Criminal appeal dismissed – Judgment of acquittal confirmed [Para 9].

Civil Law – Permanent Injunction Suit – Claim of Possession as Gair Mourusi Tenant – Dismissed – Plaintiff-Appellants claimed tenancy rights based on long possession of 70 years but failed to produce any documentary evidence to prove tenancy or possession – Both Trial Court and First Appellate Court concurrently held that revenue entries in favour of plaintiffs were incorrect and without foundation – Counterclaim of defendants decreed holding them owners in possession – Regular Second Appeal dismissed as devoid of merit [Paras 1-10].

Tenancy Rights – Burden of Proof – Mere oral assertions without documentary evidence not sufficient – Plaintiffs failed to produce any tenancy records, rent receipts, or corroborative evidence showing possession – Admission by plaintiff in cross-examination that they were neither owners nor tenants fatal to their claim – Held: Courts below rightly dismissed the suit for injunction [Paras 9-10].

Revenue Entries – Presumption – Revenue entries in favour of plaintiffs declared incorrect – Presumption attached to revenue entries rebuttable when shown to be incorrect or made without factual basis – Defendants proved possession with construction of boundary walls and gate – Courts directed correction of revenue records in favour of defendants [Paras 6, 9].

Counterclaim – Decreed in Favour of Defendants – Plaintiffs failed to contest the counterclaim either factually or legally during appeal – Defendants successfully established ownership and possession – Courts restrained plaintiffs from interfering in possession of defendants [Paras 6, 9].

Regular Second Appeal – No Substantial Question of Law – Findings based on facts and evidence – No legal infirmity in judgments of courts below – Held: No question of law arises requiring interference under Section 100 CPC – Appeal dismissed [Paras 9-10].

Decision – Appeal Dismissed – No merit found in the claim of plaintiffs – Decrees of Trial Court and First Appellate Court upheld – Pending applications also disposed of [Para 10].

Employment Law - Reservation for Persons with Disabilities – Identification of Posts – RPWD Act Sections 33 & 34 – Writ Petition Dismissed – Petitioners challenged recruitment panels under CEN 01/2019 alleging wrongful exclusion of 100% visually impaired candidates from posts reserved under Section 34 – Held: Section 34 provides for reservation based on vacancies, while Section 33 empowers identification of posts suitable for specific disabilities – Distinction between reservation (vacancy-based) and identification (post-based) is legally valid – Exercise of identifying certain posts as suitable only for persons with low vision but not for total blindness is permissible under Section 33 – Decision based on public interest as posts excluded involve operational safety – No violation of petitioners’ rights as no less meritorious candidate was appointed against posts suitable for blindness – Tribunal’s decision upheld [Paras 26.1-26.4, 27].

Estoppel – Challenge to Selection Process – Not Maintainable – Petitioners participated in the recruitment process with full knowledge of post-wise identification under Annexure A to CEN 01/2019 – Having failed selection, they are estopped from challenging the process – No mala fides or illegality shown in identification of posts – Courts cannot relax eligibility criteria based on functional requirements and safety concerns in railway operations [Paras 28].

Railway Recruitment – Applicability of Later Circular – Circular dated 16.12.2024 regarding diversion of vacancies not examined on merits as Tribunal had no occasion to consider it – Liberty granted to petitioners to approach the Railways for consideration under said circular without being prejudiced by this judgment [Para 30.2].

Decision – Writ Petitions Dismissed – Tribunal’s decision upheld – No order as to costs [Paras 31-33].

Suo Moto Appeal – Tenancy Law – Applicability of West Bengal Premises Tenancy Act, 1997 vs. Transfer of Property Act, 1882 – Eviction Decree Granted – The dispute centered around whether the respondent was a premises tenant under the 1997 Act or a lessee under the Transfer of Property Act – The key issue was whether AC charges, being an essential component for enjoyment of the premises, formed part of the “rent” to determine if the tenancy exceeded the Rs. 10,000/- ceiling under Section 3(f) of the 1997 Act – Held: AC charges are an integral part of rent based on undertakings before the Supreme Court, the consistent course of conduct, and the essential nature of AC to the tenancy – Consequently, the tenancy is governed by the Transfer of Property Act, not the 1997 Act – Trial court's dismissal of the eviction suit reversed – Decree of eviction granted – Respondent’s cross-objection on technical grounds also dismissed [Paras 1-86].

Order 2 Rule 2 CPC – Bar on Second Suit – Not Applicable – The court held that the second eviction suit was not barred despite pendency and withdrawal of the earlier suit – The cause of action in the second suit was based on the rent exceeding the ceiling limit of the 1997 Act, triggering applicability of the Transfer of Property Act, which was distinct from the earlier suit based on the 1956 Tenancy Act – Hence, Order II Rule 2 and res judicata did not apply [Paras 27-39].

Order XXIX Rule 1 CPC – Company Representation – No Bar – The objection that the suit was not maintainable for lack of proper authorization of the person signing the plaint was rejected – The court held that any director able to depose to the facts could sign and verify pleadings – The absence of an authorization resolution was a curable defect that was not raised before the trial court and could not be entertained at the appellate stage [Paras 40-47].

Definition of Rent – Inclusion of AC Charges – Rent Determination under Section 3(f) of the 1997 Act – The court held that AC charges, being mandatory for the use and enjoyment of the tenanted premises and arising from a binding undertaking before the Supreme Court, were an essential part of rent – Since AC was centrally provided and inseparable from the premises' use, the charges were not ancillary but integral – As a result, the total rent exceeded Rs. 10,000/- per month, taking the tenancy outside the purview of the West Bengal Premises Tenancy Act, 1997 [Paras 48-79].

Applicability of Transfer of Property Act – Eviction Valid – Once the tenancy was held to be outside the protection of the 1997 Act, it was governed by the Transfer of Property Act – The termination notice under Section 106 of the T.P. Act was valid – Plaintiff entitled to eviction on this basis [Paras 78-80].

Decision – Appeals F.A. 156 of 2022 and F.A.T. 66 of 2017 allowed – Impugned judgment and decrees dated 06.01.2017 set aside – Plaintiff’s eviction suit decreed – Defendant’s declaratory suit dismissed – Cross-objection COT 33 of 2018 dismissed – No order as to costs – Separate decrees directed to be drawn accordingly – Limited assurance granted by the appellant to not execute eviction for one month – No formal stay granted [Paras 80-86].

Negotiable Instruments Act – Cheque Dishonor – Proprietorship Concern – Liability under Section 138 – Acquittal Upheld – A cheque drawn on the account of M/s Udai Continentals was dishonored – Appellant failed to prove that Respondent No. 2 (D.P. Singh) was the proprietor of Udai Continentals – Evidence established that the actual proprietor was Ms. Sarika Singh Kuchhawaha, who was not arraigned as an accused – Held: For proprietorship concerns, only the proprietor can be held liable – No vicarious liability arises under Section 141 of NI Act for proprietorships – Complaint against Respondent No. 2 dismissed [Paras 28-38].

Proprietorship Concern – Distinction from Companies and Firms – Jurisprudence – A proprietorship firm has no separate legal entity from its proprietor – Cited Supreme Court judgment in Raghu Lakshminarayanan vs. Fine Tubes (2007) 5 SCC 103 and Delhi High Court in M.M. Lal vs. State NCT of Delhi 2012 (4) JCC 284 – Held: Only the sole proprietor can be held responsible under Section 138 of NI Act – Vicarious liability does not extend to non-proprietors even if they are related or involved in the business [Paras 30-34].

Cheque Dishonor – Demand Notice – Discrepancy in Amount – The court rejected the appellant’s contention that demand notice claiming Rs. 62,000 (including interest) for a dishonored cheque of Rs. 60,000 was valid – Observed that the cheque liability must match the amount demanded under Section 138 – However, the core reason for acquittal remained the appellant’s failure to establish that the respondent was the drawer or proprietor [Paras 21, 38].

Misrepresentation – Proceedings under Section 340 Cr.P.C. – Allegation that Respondent No.2 misrepresented himself as proprietor – Trial Court rightly dismissed application under Section 340 Cr.P.C. – High Court affirmed that no material supported claim that Respondent No.2 was the proprietor – Observed that evidence from the bank clearly identified Ms. Sarika Singh Kuchhawaha as proprietor – Held: Appellant’s failure to implead the correct person was fatal [Paras 12, 35-37].

Decision – Criminal Appeal Dismissed – Acquittal of Respondent No. 2 under Section 138 NI Act upheld – Appellant failed to establish the basic requirement of the drawer-proprietor relationship – Complaint suffered from fatal defects in impleadment of parties – No interference warranted in the trial court’s acquittal order dated 24.09.2011 [Paras 38-39].

Criminal Law – Quashing of Bail Cancellation – Section 528 of BNSS - Cancellation of Bail Due to Non-Appearance – Order Set Aside – Petitioner failed to appear before the trial Court on 08.07.2024 due to noting the wrong date – Trial Court cancelled bail, forfeited bail/surety bonds, and issued non-bailable warrants – Held: Non-appearance was neither deliberate nor intentional – The explanation provided is justified – Extreme action of bail cancellation unjustified in absence of wilful default – Order cancelling bail quashed [Paras 1-7].

Criminal Procedure – Fairness and Liberty – Article 21 of Constitution – While maintaining law and order is essential, any curtailment of personal liberty must align with fair procedure under Article 21 of the Constitution – The issuance of non-bailable warrants is solely to secure presence, not punitive in nature – Once the accused comes forward voluntarily and undertakes to appear, liberty must be balanced with procedural fairness [Para 8].

Non-Bailable Warrants – Objective and Remedy – The purpose of issuing non-bailable warrants is to ensure the appearance of the accused – Where the accused voluntarily approaches the Court and offers a reasonable explanation with an undertaking to appear in future, the extreme remedy of warrant issuance and bail cancellation is unwarranted – Cancellation order set aside with direction to surrender within two weeks [Paras 9-10].

Relief – Bail Restored with Costs – Petition allowed – Impugned order dated 08.07.2024 cancelling bail, forfeiting bonds, and issuing warrants quashed – Petitioner directed to surrender within two weeks and furnish fresh bail/surety bonds – Costs of ₹10,000 imposed to be deposited with PGIMER Poor Patient Welfare Fund, Chandigarh – Bail to be granted only after submission of cost receipt [Paras 10-12].

Decision – Petition Allowed – Interim protection to continue subject to surrender within two weeks – Failure to surrender will result in vacation of protection [Paras 11-13].