Civil Law – Recovery of Money – Execution of Promissory Note – Appellant contested the execution of the promissory note by the deceased Ramachandran, alleging it was fabricated – Trial court dismissed the suit for lack of conclusive proof, but the first appellate court reversed the decision, holding that oral evidence of witnesses substantiated the claim despite adverse expert opinion – Appellants argued the appellate court wrongly disregarded the expert opinion and failed to properly assess the evidence – Held: Oral evidence, corroborated by other factors, sufficiently established the validity of the promissory note, and the expert opinion was considered a weak piece of evidence – First appellate court's judgment upheld, and second appeal dismissed [Paras 6, 11-26].

Presumption of Execution – Section 118 of Negotiable Instruments Act – Legal heirs of the deceased Ramachandran denied the execution of the promissory note – Plaintiff unable to claim presumption under Section 118 of the Act as the signature was disputed – Burden of proof shifted to plaintiff to establish that the deceased executed the promissory note – The trial court held the plaintiff did not meet this burden; however, the appellate court found the oral evidence provided by the plaintiff's witnesses sufficient to prove execution [Paras 11, 12, 16, 21].

Evidence – Adverse Inference – Section 114(g) of Indian Evidence Act – Trial court invoked Section 114(g) against the plaintiff for withholding expert opinion that was unfavorable – Appellate court found that invoking Section 114(g) was incorrect as the expert’s opinion was available to the court and could have been marked as evidence if deemed necessary – Held: Plaintiff was not obligated to rely on expert opinion, and oral evidence took precedence under Section 47 of Indian Evidence Act, allowing witnesses familiar with the signature to testify [Paras 13-20].

Remand Request – Defendants sought remand to trial court for re-appreciation of expert evidence – Held: As the expert opinion was already available, the defendants had the opportunity to submit it in their defense – The appellate court’s decision not to rely on it, and its focus on oral evidence, was deemed appropriate – Remand was unnecessary as the appellate court had sufficiently dealt with the matter based on the existing evidence [Paras 27-29].

Decision: Second appeal dismissed – Judgment and decree dated 24.08.2021 of the first appellate court confirmed – No costs [Para 30].

Criminal Law – Conviction under POCSO Act – The appellant was convicted under Section 7/8 of the POCSO Act for pressing the chest of a minor girl with sexual intent – Appellant contended that the prosecution’s case was based on contradictory evidence and the child’s testimony lacked corroboration – Held: The prosecutrix’s testimony, corroborated by her parents and the FIR, was credible and sufficient to establish the offense – Conviction upheld [Paras 5-8, 10-12].

Age Determination – The appellant challenged the age of the prosecutrix – The court relied on the scholar register, which showed the victim’s date of birth as 09/10/2007, establishing that she was under 12 years old at the time of the incident – Court rejected the appellant's arguments regarding age [Paras 9-10].

Testimony of Child Witness – The appellant argued that the child’s testimony required corroboration – Court held that the testimony of a child victim in sexual offenses carries inherent credibility and does not require corroboration, especially when there is no material contradiction or embellishment [Paras 13-15].

Sexual Intent – The appellant denied the presence of sexual intent – Court held that pressing the chest of a minor female is sufficient to demonstrate sexual intent under the POCSO Act – Section 30 of the POCSO Act presumes culpable mental state in such cases unless proven otherwise [Paras 16-18].

Sentencing – The appellant was sentenced to 3 years' rigorous imprisonment with a fine of ₹1,000 under Section 8 of the POCSO Act – Court found no reason to interfere with the sentence as it was within the statutory limits and appropriate for the offense [Paras 19-20].

Decision – Appeal dismissed – Conviction and sentence under Section 7/8 of the POCSO Act upheld [Paras 21-22].

Right to Fair Trial – Denial of Legal Assistance – Violation of Article 21 – Retrial Ordered – The appellant contended that he was deprived of the right to legal assistance during the trial as his counsel did not appear, and he was asked to cross-examine the witnesses himself, despite his lack of legal expertise. The Court found that the trial was not conducted fairly, as the accused was denied his right to be represented by counsel, a fundamental aspect of a fair trial under Article 21 of the Constitution. Held: The conviction and sentence are set aside, and the case is remanded for retrial with the direction to allow the appellant to engage counsel or to be provided legal aid – Appeal allowed, retrial ordered [Paras 36-52].

Sanction for Prosecution – Validity Not Proven – Absence of Examination of Sanctioning Authority – The appellant challenged the validity of the sanction order, arguing that the prosecution failed to examine the Sanctioning Authority to prove that proper sanction was granted. The Court found that the prosecution did not establish the validity of the sanction, as the Sanctioning Authority was not examined, and no material was provided to show proper application of mind by the authority. Held: The sanction was not proved as required by law – Retrial ordered [Paras 16-25].

Demand and Acceptance of Bribe – Corroboration of Prosecution Witnesses – Incomplete Cross-Examination – The prosecution relied on the testimonies of the complainant and shadow witnesses to prove the demand and acceptance of bribe. However, the accused was denied the opportunity to cross-examine the witnesses fully due to his counsel's absence. The Court observed that incomplete cross-examination of key witnesses prejudiced the defense. Held: Retrial necessary to ensure fair opportunity for cross-examination – Retrial ordered [Paras 26-34, 49-52].

Negotiable Instruments Act – Dishonour of Cheque – Conviction under Section 138 – Cheque issued by the accused for ₹2.00 lakh dishonoured due to insufficient funds – Accused claimed cheque was issued as a security for ₹50,000 and not for a legal liability – Trial Court convicted and sentenced the accused to eight months of simple imprisonment and a fine of ₹2,50,000 – Appeal by accused was dismissed by the Additional Sessions Judge – Revision petition dismissed by the High Court, upholding the conviction and sentence – Held: All ingredients of Section 138 NI Act were satisfied – Presumption under Section 139 that the cheque was issued for legal liability was not rebutted by the accused [Paras 6, 7, 8, 13-22].

Presumption of Consideration – Accused admitted the issuance of the cheque – Accused claimed it was a blank cheque given as security for ₹50,000, but failed to prove this defence – Court held that under Sections 118 and 139 of the NI Act, once a cheque is issued, it carries a presumption of consideration which the accused failed to rebut – Defence of a blank cheque for security was rejected as no evidence was led by the accused [Paras 16, 17, 19, 20].

Notice of Demand – Notice of demand sent to the accused through registered post – Acknowledgment of delivery was produced by the complainant – Court presumed service of notice under Section 27 of the General Clauses Act – Accused failed to make payment within 15 days of receiving the summons, thus failing to discharge the liability [Paras 35, 36].

Sentence – Eight months of simple imprisonment and fine of ₹2,50,000 – Held not excessive – Fine compensates for legal expenses and interest loss – In line with Supreme Court guidelines to levy fines up to twice the cheque amount along with simple interest [Paras 38-41].

Decision: Revision petition dismissed – Conviction and sentence under Section 138 of the NI Act upheld – Accused failed to rebut presumption of consideration and notice of demand was properly served [Paras 43, 44].

FIR Quashing – Offences Under Sections 457 and 380 IPC – Compromise Accepted – The petitioner sought the quashing of an FIR registered for house-trespass and theft, contending that the matter had been amicably resolved through a compromise with the complainants – Held: The offences in question are of a private nature and do not affect the public at large – Following the Supreme Court's guidelines in Gian Singh and Narender Singh, the High Court has the inherent power under Section 482 of Cr.P.C. to quash the FIR based on compromise in cases with a predominantly private dispute – FIR quashed [Paras 8-14].

Quashing of FIR in Private Disputes – Judicial Precedent – The Court referenced prior decisions, including Musharaf vs. State of H.P. (2022), Harsh Anand vs. State of H.P. (2020), and Chaman Lal vs. State of H.P. (2023), where FIRs for similar offences were quashed following compromises between the parties – Following the principle of judicial consistency, the present petition is similarly allowed [Para 12].

Decision: The FIR No. 38 of 2022, registered at Police Station Sadar, District Shimla, under Sections 457 and 380 IPC, and all consequential proceedings are quashed based on the compromise between the parties. Petition is disposed of accordingly.

Partition Suit – Preliminary Decree – House Ownership – Allotment of Improved Property to Builder – The appellant and respondent were co-owners of the disputed suit land, with the appellant owning 4/5th and the respondent owning 1/5th – The respondent had constructed a wooden house on the suit land before the appellant became a co-owner – Held: In partition suits, the court must account for equitable distribution of property and improvements – The allotment of the land on which the house stands to the respondent, who built and maintained the structure, is just and equitable – No interference is warranted in the preliminary decree [Paras 8, 11, 18, 22].

Preliminary and Final Decree – Partition – Rights of Co-owners – A preliminary decree in partition suits only determines the rights and shares of the co-owners and leaves further inquiry for final partition – Held: The preliminary decree declaring the respondent's 1/5th share in the suit land and directing further division during the final partition is consistent with law – The appellant is entitled to his 4/5th share in the land, subject to adjustments for the respondent's construction [Paras 12, 14, 16, 20].

Allotment of Improved Property to Co-owner Who Made Improvements – In determining equitable partition, courts must consider improvements made by co-owners on the common property – Held: The respondent constructed the house on the suit land and maintained it, which justifies the allotment of that portion of land to him – The appellant’s claim for possession of the house is rejected [Paras 17-19].

Distinction Between Preliminary and Final Decree – Need for Further Inquiry – The appellant's request for possession of the house was premature at the stage of the preliminary decree – Held: The final partition, considering adjustments or compensation for the house, will be carried out during the final decree – No grounds for intervention at this stage [Paras 21, 22].

Decision: Appeal dismissed – The preliminary decree remains unchanged – The final decree will address the equitable partition and any compensation or adjustments regarding the house [Paras 22].

Commercial Law – Civil Revision Petition – Maintainability – Petitioners challenged the rejection of an application filed under Order VII Rule 11 of CPC for rejection of the plaint – Petitioners argued that the suit was barred by limitation and failed to comply with Section 12A of the Commercial Courts Act, 2015 regarding mandatory pre-institution mediation – Held: Civil Revision Petition not maintainable due to the bar under Section 8 of the Commercial Courts Act, 2015 against challenging interlocutory orders – Petitioners failed to file an appeal under Section 13(1) or (1A) of the Act – Dismissal of the Civil Revision Petition upheld [Paras 9-17].

Limitation Law – Section 12A of Commercial Courts Act, 2015 – Petitioners contended that pre-institution mediation was mandatory and that the suit violated this requirement – Respondent argued that the suit, filed before 20.08.2022, was exempt from the mandate per the Supreme Court's ruling in Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd. – Held: Patil Automation applies prospectively from 20.08.2022, and the suit, filed on 30.11.2021, is exempt [Paras 3, 7].

Supervisory Jurisdiction – Article 227 of the Constitution – Petitioners invoked Article 227 of the Constitution of India to bypass the bar under Section 8 of the Commercial Courts Act, 2015 – The court reiterated that the High Court’s power under Article 227 is not unrestrained and must be used sparingly, especially in light of specific statutes aimed at expediting dispute resolution – Held: Article 227 cannot be used to circumvent the bar on revision petitions under Section 8 of the Commercial Courts Act [Paras 13-17].

Decision: Civil Revision Petition dismissed as not maintainable under Section 8 of the Commercial Courts Act, 2015 – No costs awarded – No consideration of the merits of the dispute [Paras 18-19].
 

Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Section 302 r/w 34 IPC for the murder of deceased by attacking him with wooden logs – Trial court sentenced appellants to life imprisonment and imposed a fine of Rs. 10,000 each – On appeal, the High Court found that the evidence of the key prosecution witness (PW1) was unreliable, with contradictions and lack of corroboration – The alleged motive between the appellants and the deceased was weak, and there was stronger evidence of enmity between PW7 and the deceased – No credible connection was established between the recovered weapons and the crime – Held: Prosecution failed to prove guilt beyond reasonable doubt, leading to acquittal [Paras 10, 12, 16, 20, 21].

Witness Testimony – Reliability of Sole Witness – PW1, the third wife of the deceased, claimed to be an eyewitness but her testimony was inconsistent – Other witnesses like PW2 and PW9, initially projected as eyewitnesses, did not support the prosecution’s case – Contradictions in PW1’s statements during cross-examination, particularly regarding the presence of other witnesses and the sequence of events, undermined her credibility – The court found it unsafe to convict the appellants based solely on her testimony without corroboration [Paras 11, 13, 15, 18, 20].

Motive – Enmity Between the Parties – The prosecution’s claim of enmity between the accused and the deceased due to a property dispute was weak – Evidence showed that PW7, the son of PW1, had a serious altercation with the deceased 15 days before the incident, where the accused had intervened to save the deceased – This raised doubts about the alleged motive of the appellants – The court found the motive unsubstantiated and leaned towards an alternative narrative involving PW7’s enmity with the deceased [Paras 12, 13, 14, 16].

Circumstantial Evidence – Recovery of Wooden Logs – The trial court relied on the recovery of wooden logs allegedly used in the crime, based on the confession of the accused – However, the forensic report (Ex.P27) did not conclusively link the blood stains on the logs to the deceased, as the serology test was inconclusive – The lack of a direct connection between the recovered items and the crime further weakened the prosecution’s case – The court held that the discovery of the wooden logs did not substantiate guilt [Paras 19, 20].

Delay in FIR and Investigation – Appellants raised concerns about the delay in registering the FIR and forwarding it to the Magistrate – Additionally, the involvement of PW7 in informing others about the incident, despite PW1’s contradictory statements regarding the phone call, raised doubts about the sequence of events – The court noted these delays and contradictions as factors contributing to the unreliability of the prosecution’s case [Paras 7, 17, 18].

Decision: Appeal allowed – Conviction and sentence under Section 302 IPC set aside – Appellants acquitted – Fine to be refunded – Bail bond cancelled [Para 22].
 

Criminal Contempt – Requirement of Advocate General's Consent – Section 15 of Contempt of Courts Act – Petition Misconstituted – The petition for initiating criminal contempt proceedings was filed without the prior consent of the Advocate General as required under Section 15 – Held: The absence of such consent renders the petition misconstituted, as no suo motu criminal contempt proceedings were initiated by the court [Paras 18-19].

Fair Reporting and Freedom of the Press – Media Coverage of Judicial Orders – Vindication of Majestic Law – The court emphasized that fair reporting of judicial orders is an integral part of upholding the majesty of law and the administration of justice, and not intended to vindicate personal dignity of judges – A media report on a judicial decision does not attract criminal contempt proceedings unless it hinders the administration of justice or disrespects the law [Paras 21-23].
Personal Attacks on Judges – Protection of the Judiciary – Not Personal Vindication – The court held that criminal contempt jurisdiction should not be exercised solely for protecting a judge’s personal honor but should focus on safeguarding the administration of justice – The news article, even if construed as personal criticism of the judge, does not constitute contempt if it does not impede the judicial process [Paras 24-25].
Decision - Discharge of Contempt Proceedings – Absence of Suo Motu Action – The court declined to initiate suo motu contempt proceedings based on the news article and held that the lack of prior Advocate General's consent invalidates the petition – The petition was closed, and the rule discharged [Paras 19-26].