Punjab & Haryana High Court Weekly Round Up: June 17 - June 23, 2024

Nominal Index [Citations 210 - 221]

Anju v. Rama Gupta 2024 LiveLaw (PH) 210

XXXX v. State of Punjab and others  2024 LiveLaw (PH) 211

Surinder Kumar Bindal & Anr v. Satinder Nath Radhey Shyam & Sons. 2024 LiveLaw (PH) 212

XXX v. XXX  2024 LiveLaw (PH) 213

Deepak Sharma & Anr. v. State of Haryana & Ors. 2024 LiveLaw (PH) 214

Brij Lal v. State of Punjab & Ors. 2024 LiveLaw (PH) 215

XXX v. XXX 2024 LiveLaw (PH) 216

Pritpal v. ED & Ors. 2024 LiveLaw (PH) 217

Rupa Jindal & Ors v. State of Haryana & Anr. 2024 LiveLaw (PH) 218

 XXXX v. XXXX [CRM-21422-2024]  2024 LiveLaw (PH) 219

Rajinder Singh @ Bittu v. State of Punjab 2024 LiveLaw (PH) 220

Prabal Titus v. State of Punjab and others  2024 LiveLaw (PH) 221

Reports

[NI Act] If Interest Is Claimed On Cheque Which Doesn't Include Interest Component, It Does Not Remain Legally Enforceable Debt: Punjab & Haryana HC

Title: Anju v. Rama Gupta

Citation: 2024 LiveLaw (PH) 210

The Punjab & Haryana High Court has made it clear that if interest is claimed on a cheque which does not include an interest component either by adjustments or by filling in the amount, the said cheque does not remain a legally enforceable debt or other liability under Section 138 of Negotiable Instrument Act (NI Act).

The Court quashed the complaint lodged under Section 138 NI Act, while noting that the cheque was neither to discharge any legally enforceable debt or any other liability "for interest part" but was for "the amount due for the purchase of articles."

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man

Title: XXXX v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 211

The Punjab & Haryana High Court has directed the Child Welfare Committee (CWC), constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), to conduct an enquiry under Section 36 of the Act and ensure compliance, in the case of a minor girl whose parents have allegedly fixed her marriage with an old man.

NI Act | Court Cannot Compel Complainant To Give Consent U/S 482 CrPC For Compounding Offence: Punjab & Haryana High Court

Title: Surinder Kumar Bindal & Anr v. Satinder Nath Radhey  Shyam & Sons.

Citation: 2024 LiveLaw (PH) 212

The Punjab & Haryana High Court has dismissed the plea seeking direction to the complainant to compound the offence committed under the Negotiable Instrument Act (NI Act).

The Court noted that the dispute between the parties is of over 1.73 crores which was outstanding as on March 03, 2016.

12-Yr-Old Sexual Assault Victim Wouldn't Be Able To Mentally Comprehend Crime, Delay In Lodging FIR Not Fatal To Case: Punjab & Haryana High Court

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 213

The Punjab & Haryana High Court has dismissed the appeal file against the conviction for sexual assault committed under the Protection of Children from Sexual Offences Act (POCSO Act) on 12-year-old girl, observing that, seven days delay in lodging the FIR is not fatal to the case.

Justice Nidhi Gupta said, "It has to be understood that upon having been sexually assaulted by the appellant, the 12-year-old victim child would not have been able to mentally comprehend the nature of what had been done to her. Though the victim could narrate and describe what had been done to her as, at that age there is no sense of shame attached to the act, however, it would not have been possible for the victim to mentally understand or comprehend the crime committed upon her."

Writ Court May Award Compensation On Account Of Breach Of Public Duty In Addition To Claim Of Tort Under Private Law: Punjab & Haryana High Court

Title: Deepak Sharma & Anr. v. State of Haryana & Ors.

Citation: 2024 LiveLaw (PH) 214

The Punjab & Haryana High Court has made it clear that a writ Court may award compensation to a person aggrieved in addition to the independent right of the party to claim compensation under the private law in a civil action based on tort.

These observations came in response to the plea filed for compensation on account of the death of a child who was allegedly electrocuted after a heavy electricity wire had fallen on him.

Second Plea For Parole Merely Due To Change In Date Of Daughter's Marriage Not Maintainable: Punjab & Haryana High Court

Title: Brij Lal v. State of Punjab & Ors.

Citation: 2024 LiveLaw (PH) 215

The Punjab & Haryana High Court has rejected the second plea for parole of a man convicted under the NDPS Act, filed to attend his daughter's marriage, observing that a fresh plea merely on the ground of change of date of marriage is not maintainable.

Justice Kuldeep Tiwari said, "this Court is unable to comprehend, how a fresh petition is maintainable merely on the change of the date of marriage, once the earlier petition for the same cause of action was dismissed as withdrawn."

[POCSO] Accused's DNA Not Matching With Victim's Vaginal Swab, Absence Of Semen Doesn't Rule Out Penetrative Sexual Assault: P&H High Court

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 216

The Punjab & Haryana High Court has said that non-matching of the DNA of the accused with the vaginal swab of the alleged victim and the absence of semen from the vaginal swab would not rule out the offence of “penetrative sexual assault” under the Protection of Children from Sexual Offences Act (POCSO) when the victim has supported her version in a recorded statement.

Offences Under IPC Or Arms Act Discovered By ED While Searching Under FEMA Can Be Treated As Predicate Offences Under PMLA: Punjab & Haryana HC

Title: Pritpal v. ED & Ors.

Citation: 2024 LiveLaw (PH) 217

The Punjab & Haryana High Court has dismissed the plea seeking quashing of the Enforcement Case Information Report (ECIR) lodged under PMLA on the basis of a search conducted under the Foreign Exchange Management Act, 1999 (FEMA).

The predicate offence was the FIR lodged pertaining to visa fraud under Sections 472 (Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 46), 473 (Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise) and arms act.

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost

Title: Rupa Jindal & Ors v. State of Haryana & Anr.

Citation: 2024 LiveLaw (PH) 218

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".

While noting that there is no merit in the petition, a devision bench of Justice Sureshwar Thakur and Justice Ritu Tagore said, "...the subject lands are an integral component of the layout plan, and, as such they sub-serve the relevant public purpose. Moreover, when therebys the relevant public purpose predominates thus ill individualist selfish purposes, thereby also this Court is constrained to dismiss the instant writ petition."

'16-18 Yr-Old Children Need Mother's Attention': Punjab & Haryana HC Grants Bail To Mother Convicted Of Causing Sister-In-Law's Dowry Death

Title: XXXX v. XXXX [CRM-21422-2024]

Citation: 2024 LiveLaw (PH) 219

The Punjab & Haryana High Court has granted bail and suspended the sentence awarded to a woman for committing dowry death of her sister in law. The Court noted that the woman is the mother of two teenagers, who would require her care.

Justice Harpreet Kaur Jeewan said, "keeping in view the fact that the children aged 16 years and 18 years require personal care and attention of their mother and the applicant-appellant has already undergone sentence of 01 year 06 months and 15 days, the present application is allowed."

'Impossible For Police To Plant Heavy Contraband': Punjab & Haryana High Court Dismisses Appeal Of Men Convicted For Possessing 25 Kg Heroin

Title: Rajinder Singh @ Bittu v. State of Punjab

Citation: 2024 LiveLaw (PH) 220

The Punjab & Haryana has dismissed the appeal challenging the conviction under the NDPS Act for possessing 25 kg heroin. The Court rejected the argument that the contraband was planted by the police and that accused persons were falsely implicated in the case. Justice Gurvinder Singh Gill and Justice N.S. Shekhawat said, "the recovery of the contraband was too heavy and it was impossible to plant such a recovery on both the appellants. Even otherwise in their statements under Cr.P.C 313 Cr.P.C., the appellants had offered no explanation, as to why they had been falsely involved by the police in such a heinous crime."

'Would Cause Irreparable Loss If Not Allowed': Punjab & Haryana High Court Allows Prisoner Accused In Murder Case To Appear For LLM Exam

Title: Prabal Titus v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 221

The Punjab & Haryana High Court has allowed an accused imprisoned in a murder case to appear in the LLM exam, observing that if he is not allowed, then "irreparable loss" would be caused.

Justice Vikas Bahl noted that the prisoner has been a meritorious student, attained good grades in LLB and has also done 25 courses from various Foreign Universities.

Other Developments

Dog Bites: Punjab & Haryana High Court Issues Notice On Contempt Plea Alleging Minimum Compensation Not Paid

Mohan Singh Jaswal v. Shri Vinay Partap Singh IAS D.C. Chd & Ors.

The Punjab & Haryana High Court has taken a stern stand on alleged non-compliance with the High Court's order to grant a minimum compensation of Rs.10,000 per tooth mark in case of dog bites.

While issuing a contempt notice, Justice Rajbir Sehrawat said, "...it is clarified that the court will not accept any justification for non-compliance, even if the same is based on some perceived true facts. It is also clarified that even if some appeal is pending anywhere, that shall also not be taken as a justification for non-compliance, unless operation of the order is stayed by the Appellate Court."

Individuals May Be Granted Security Cover Due To Threat Perception On Full Payment Basis: Govt's Tell Punjab & Haryana High Court

Title: Rajan Kapur V. State of Punjab

The Governments of Punjab and Haryana and UT Chandigarh have submitted a Standard Operating Procedures (SOP) on providing security cover to individuals against threat perception and also about charges payable against it.

The development came after Justice Harskesh Manuja had sought details from the Punjab DGP on security cover provided to VIPs and individual persons under the State Security Policy.