Negotiable Instruments - Cheque Bounce - Acquittal - Appeal against acquittal under Section 138 of the Negotiable Instruments Act - Trial court held that complainant failed to prove the cheque was issued in discharge of legally enforceable debt - Presumption under Section 139 rebuttable - Accused raised a probable defense - Appeal dismissed. [Paras 9-11]

Presumption and Burden of Proof - Analysis - Section 139 presumption is rebuttable - Accused can raise defense contesting existence of debt or liability - Standard of proof for rebuttal is preponderance of probabilities - Accused's probable defense created doubt about debt existence - Prosecution failed. [Paras 9, 10]

Case Facts - Vehicle Purchase and Cheque Issuance - Respondent purchased vehicle, paid part by cheque which was dishonored - Loan from Mahindra & Mahindra Financial Services Limited - No evidence connecting loan and appellant - Appellant failed to prove cheque was for legally enforceable debt - Trial court's findings upheld. [Paras 2, 5, 8, 10]

Decision - Appeal Dismissed - Acquittal upheld - Trial court's decision confirmed - Appeal dismissed for lack of proof of legally enforceable debt. [Para 11]

Facts: The appellants were tried for offenses under Section 376-D of the IPC, Section 4 of the POCSO Act, and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for committing gang rape on 21-1-2018. During the trial, the appellants filed an application for a DNA test of themselves, the victim, and the victim’s newly born baby, which was rejected by the Special Judge. The appellants were convicted, and they filed criminal appeals seeking a DNA test [Para 2-3].

Issues: Whether a DNA test of the appellants, the victim, and the victim’s newly born baby is necessary for the disposal of the criminal appeals [Para 2-3].

Observations: DNA profiling is a valid and reliable method for identification, but it cannot be ordered as a matter of course. A direction to use DNA profiling to determine paternity is an extremely delicate and sensitive aspect and must be conducted only when eminently needed. The baby child of the victim is neither a party in the criminal appeals nor is the paternity required to be examined, and directing a DNA test would violate the privacy right of the infant [Para 10-17].

Decision: The applications filed by the appellants for a DNA test were found to have no merit and were accordingly rejected [Para 18].

Divorce Appeal – Cruelty – Financial exploitation, assault, and false allegations – Appellant seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 – Judgment and Decree granting divorce under challenge – Financial exploitation established through evidence – Appellant’s claim of extramarital relationship unsubstantiated – Allegations of illicit relationship considered as cruelty – Appellant’s withdrawal of such allegations points to their falsity – No infirmity in the findings of the learned Principal Judge, Family Court – Appeal dismissed. [Para 28, 29, 38, 39, 40, 45, 46, 48, 49, 50]

Financial Exploitation – Appellant’s brother received financial assistance from respondent on various occasions – Evidence of payments for setting up clinic, purchasing plots of land, and other expenses – Appellant unable to explain the source of funds for her brother – Financial dealings established – Financial exploitation proved. [Para 38, 39, 44, 45]

Allegations of Extramarital Relationship – Appellant’s allegations of extramarital relationship by respondent – Onus on appellant to prove such allegations – Failure to provide credible evidence – Allegations considered as an act of cruelty – Coordinated Bench and Apex Court decisions support this view – Allegations withdrawn in amended written statement further cast doubt on their veracity. [Para 45, 46, 47]

Assault and False Allegations – Incident of assault on respondent established through corroborating evidence – Appellant’s undertaking to police not to assault respondent contradicted by her continued behavior – False allegations and counter-blast complaints made by appellant – Evidence supports the incident of assault – False allegations and assaults considered as acts of cruelty. [Para 32, 43, 44, 45, 46, 47]

Conclusion – The respondent subjected to cruelty as proven through financial exploitation, assault, and false allegations – Judgment and Decree dated 29.01.2019 granting divorce upheld – Appeal dismissed along with pending applications. [Para 49, 50]

Criminal Appeal – Bail Application under NDPS Act – Contraband possession and trafficking – Recovery of fake stickers – Disclosure statement – CDR call records – Material evidence – Analysis of various contentions and arguments – Consideration of legality and applicability of evidence – Examination of case law regarding admissibility of confessions made to NDPS officers – Analysis of recent judgments emphasizing personal liberty and Article 21 – Consideration of applicant’s incarceration period and similarity to other relevant judgments – Primacy of personal liberty and need for timely trial conclusions – Conclusion that Section 37 NDPS Act embargo not applicable – Applicant’s entitlement to be released on regular bail – Stringent bail conditions outlined – Warning against breach of conditions. [Para 20, 31-70]

 Facts

The appellant, Daya alias Dayawanti, is the widow of the deceased Sarwan Kumar who died in a motor vehicular accident on January 10, 2005. The accident occurred when a canter bearing registration No. HR-64-0903 collided with Sarwan Kumar's truck. The appellant filed a claim petition under Section 166 and Section 140 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 20,00,000/- for the death of her husband. The Motor Accidents Claims Tribunal (MACT) awarded her a total compensation of Rs. 3,79,000/-.

 Issues

1. Whether the Tribunal erred in determining the monthly salary of the deceased.

2. Whether the Tribunal failed to enhance the income on account of future prospects.

3. Whether the Tribunal deducted personal expenses on the higher side.

4. Whether the Tribunal failed to grant any compensation on account of loss of estate.

 Observations

The Court observed that the income of the deceased should have been assessed according to the DC rates prevalent at the time of the accident, which were Rs. 5,812.75/- per month. The Court also observed that in cases where there is only one dependent, it is at the discretion of the court to decide the deduction for personal expenses. The Court decided that a deduction of 1/3rd for personal expenses would be just and fair in this case.

 Decision

The Court partly modified the award of the Tribunal and granted a total compensation of Rs. 8,44,508/- to the appellant along with an interest rate of 7.5% per annum from the date of filing the claim petition. The appeal was allowed with the terms indicated in the judgement.

Criminal Appeal – Conviction and Release on Probation – Offences under Sections 148, 323, 316, 452, 506 read with Section 149 IPC – Convicts released on probation under Section 4 of the Probation of Offenders Act, 1958 – Appellant challenges the acquittal of certain charges and the grant of probation – Court assesses evidence and reasoning provided by the Trial Court – Adequate evaluation of evidence and legal principles found – Principles underlying release on probation considered – No interference with findings of guilt or acquittal – Convicts granted probation to deter future criminal conduct and promote reformation. [Para 1-13]

Probation and Reformation – Release on probation as an alternative form of punishment – Focus on reformation and addressing underlying causes of criminal behavior – Principles to consider when granting probation, including nature of offense, individual circumstances, rehabilitation potential, compliance with terms, risk to public safety, and more – Court’s discretion to determine eligibility for probation – Dual purpose of probation to deter and reform – Role of probation officer assessment and judicial discretion. [Para 11-13]

Constitutional Rights – Fundamental Right to Life and Personal Liberty – Protection sought by two adult females in a live-in relationship – Invocation of Article 21 of the Constitution of India – Examination of the claim in light of established legal principles. [Para 1]

Protection of Rights – Duty of the State to protect fundamental rights – Assertion that living together in a same-sex relationship does not violate any provision of law – Recognition of the right to live as desired within the boundaries of law – Emphasis on the importance of Article 21 as a fundamental right. [Para 3]

Legal Precedent – Reference to Mohd Arif @ Ashfaq v. Registrar, Supreme Court of India, 2022:INSC:1154 [Para 17] (2014) 9 SCC 737 – Delving into the origin and significance of Article 21 – Recognition of its status as a precious fundamental right – Comparison to the Magna Carta and its historical evolution. [Para 4]

Protection Order – Appropriate protection ordered for the petitioners – Direction to concerned authorities to provide two female police officials for protection for two weeks – Provision for extension of protection based on ongoing threat analysis or request from the petitioners – No adjudication on merits or blanket bail granted. [Para 5-6]

Duration of Order – Clarification that the protection order will eclipse after thirty days – Temporary nature of the order and provision for fresh approach in case of new threat perception – No certified copy required. [Para 7-8]

Conclusion – Petition allowed to the extent mentioned – Pending applications disposed – Detailed examination of the fundamental rights of the petitioners and the corresponding duty of the State to protect these rights within the boundaries of the law. [Para 8]

Criminal Appeal – Acquittal - Section 307 read with 34 of IPC – Conviction challenged based on discrepancies in the evidence – Appellants convicted for assaulting victim’s mother – Informant’s presence doubted as he arrived after hearing noise – Inconsistencies in the story of prosecution witnesses – Victim not examined – Prosecution fails to prove its case beyond reasonable doubt – Benefit of doubt given to the accused – Appeal allowed, convictions set aside. [Para 31]

Witness Reliability – Importance of reliable witnesses in criminal trials – Testimony of single reliable witness can lead to conviction – Witness statements should have a ring of truth, be cogent, credible, and trustworthy – Presence of discrepancies and inconsistencies in witness statements raises doubt. [Para 27]

Evidential Standard – Criminal conviction requires proof beyond reasonable doubt – Quality, weight, and value of evidence more important than quantity of witnesses – Trustworthy evidence crucial for conviction. [Para 28, 29]

Presence of Witness – Witness’s presence at the scene crucial for credibility – Witness testimony supported by being present at the scene of the crime – Injured witnesses generally considered reliable as they have no reason to falsely implicate others. [Para 22]

Benefit of Doubt – In criminal cases, doubt benefits the accused – Onus on prosecution to prove each allegation beyond reasonable doubt – Conviction cannot be based on mere preponderance of probabilities. [Para 29, 30]

Acquittal – Inconsistent evidence, doubts about witness presence, and lack of corroboration weaken prosecution’s case – Convictions set aside based on lack of proof beyond reasonable doubt – Benefit of doubt goes to the accused. [Para 31]

Family Court Appeal – Custody Dispute – Appellant-husband’s challenge to the impugned order refusing his application for temporary custody of minor child – Analysis of facts and circumstances – Interpretation of mediated settlement – Importance of maintaining parent-child bond – Child’s best interest considered – Appeal disposed of with directions for video conferencing interactions between appellant-father and minor child every Saturday and Sunday. [Para 1]

Background and Parties – Marriage dissolution between appellant-husband and respondent-wife – Failed marriage leading to separate residences – Custody dispute over minor child – Series of interactions and e-mail exchanges between the parties – Appeal filed by appellant against the Family Court’s order declining his request for temporary custody. [Para 24]

Settlement Agreement – Mediated settlement dated 27.07.2019 – Payment of maintenance and visitation plan – Appellant-husband’s efforts to meet minor child – Non-compliance of settlement terms – Custody petition pending adjudication – Appellant’s continuous efforts to interact with the child. [Para 26]

Interim Orders – Family Court’s interim orders granting video/phone interaction – Non-compliance by respondent-wife – Order modified allowing physical meeting for limited period – Appeal against impugned order – Appellant’s contentions on respondent’s reluctance to comply. [Para 32]

Supreme Court Precedents – Reference to precedents emphasizing a child’s right to affection of both parents – Need for a balance between permanent custody and access to both parents – The significance of child’s welfare and balanced growth – Relevant case laws cited by both parties. [Para 34]

Judicial Analysis – Court’s analysis of the situation – Child’s age and circumstances – Failure of interactions and compliance with court orders – Importance of maintaining parent-child bond even when spatial distance exists – Need for meaningful interactions between father and son – Balancing child’s interests and father’s affection. [Para 35-40]

Directions – Appellant granted video conferencing interactions with minor child every Saturday and Sunday – Flexible timing for interactions – Directions for expeditious disposal of pending application – Emphasis on child’s best interest and meaningful interactions between father and son. [Para 40-41]

Decision – Appeal disposed of with directions to ensure regular video conferencing interactions between appellant-father and minor child – Emphasis on the importance of maintaining parent-child bond and considering child’s welfare. [Para 41]