S.138 NI Act | Proceedings For Cheque Dishonour Need To Be Q
S.138 NI Act | Proceedings For Cheque Dishonour Need To Be Quashed Once Complainant Signs Deed Accepting Amount In Final Settlement : Supreme Court
|
In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court has ruled that once the settlement has been arrived at and the complainant has signed the deed, the proceedings under this provision must be quashed.
"Considering the overall facts and circumstances of the case, we are of the view that once the settlement has been arrived at and the complainant has signed the deed accepting a particular amount in full and final settlement of the default amount and the fine amount awarded by the Trial Court, the proceedings under Section 138 of the NI Act need to be quashed," observed the bench of Justices Vikram Nath and Satish Chandra Sharma.
The instant appeal was filed challenging the September 13, 2017, order passed by the High Court of Himachal Pradesh, Shimla Bench. By its impugned order, the High Court had upheld the conviction of the accused persons/ the present petitioners under Section 138 of the N.I. Act.
However, in the meantime, a compromise deed was entered between the parties. As per this deed, the respondent-complainant agreed to accept a certain amount as full and final settlement of the cheque amount and the fine imposed by the Trial Court and confirmed by the High Court.
Post Categories
Featured Posts
Latest Posts
Latest Posts
2020 Delhi Riots: SC Dismisses Delhi Police’s Pleas Against HC Verdicts Granting Bail To Three Student Activists
The Supreme Court on Tuesday dismissed the pleas filed by the Delhi Police against the bail granted to three student activists in the 2020 North East Delhi riots case. A bench of Justices S K Kaul and A Amanullah passed the order ...
Empowering Dispute Resolution: How Technology is Shaping the Future of ADR
🎯 The Role of Technology in Enhancing ADR Processes The advent of technology has transformed virtually every industry, and the field of Alternative Dispute Resolution (ADR) is no exception. ADR processes, including mediation, arbitration, and negotiation, have traditionally relied on ...
What Should You Do if a False Criminal Case or FIR is Filed Against You in India?
What should you do if you suddenly discover that a criminal case or FIR has been filed against you based on false allegations? Unfortunately, misuse of criminal law to settle personal disputes, business conflicts, or property disagreements is not uncommon ...
𝐔𝐩𝐡𝐨𝐥𝐝𝐢𝐧𝐠 𝐄𝐭𝐡𝐢𝐜𝐬 𝐚𝐧𝐝 𝐏𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐑𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲 𝐢𝐧 𝐓𝐨𝐝𝐚𝐲’𝐬 𝐋𝐞𝐠𝐚𝐥 𝐋𝐚𝐧𝐝𝐬𝐜𝐚𝐩𝐞!
In the realm of law, ethics and professional responsibility form the bedrock upon which trust, integrity, and justice stand. As guardians of the legal system, it is incumbent upon legal professionals to adhere to the highest ethical standards, ensuring fairness, ...
Companies Act – Decision To Allot Additional Shares Cannot Be Set Aside Merely Because Promoters Have Also Benefited: Supreme Court
The Supreme Court has upheld the largely disproportionate allotment of rights share in favour of one group of shareholders of a private limited company, substantially increasing its shareholding percentage in the company over other group of shareholders.The bench comprisingJustices K.M. ...
Private Class 12 Student Eligible To Take NEET, Says NMC; Supreme Court Allows MBBS Admission
The Supreme Court recently allowed a candidate who passed Class 12 as a private student to take admission for MBBS course after NEET counselling. This was after the National Medical Commission informed the Court that as per the latest Graduate ...
Speak With Our
Get a Appointment