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
Rajya Sabha Passes J&K Reorganization Bill To Bifurcate Jammu And Kashmir Into Two Union Territories
The Rajya Sabha has passed the Jammu and Kashmir (Reorganization) Bill, 2019, which is set to bifurcate the state of Jammu and Kashmir into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will ...
ED Summons: What to Do & What NOT to Do (Complete Legal Guide – 2026)
Receiving a summons from the Enforcement Directorate (ED) can be stressful and confusing for individuals, business owners, and company directors. However, understanding your legal rights and obligations can help you respond effectively and avoid serious consequences. This guide explains what ...
CJI Chandrachud Bats For Mediation As Dispute Resolution Mechanism For Individuals, Govt
NEW DELHI: Chief Justice of India DY Chandrachud batted on Friday for adopting and encouraging mediation, including online mediation, as a mode of dispute resolution other than litigation, saying it would reduce the courts’ caseload and has the potential to ...
Navigating Real Estate Challenges: A Solicitor's Insight
Introduction: In the intricate world of real estate, consumers often find themselves entangled in a web of complexities that demand legal acumen and guidance. As a solicitor passionate about serving my clients, I feel compelled to shed light on the ...
No Law Gives Right To Husband To Beat & Torture His Wife: Delhi High Court Grants Divorce To Woman On Ground Of Cruelty And Desertion
Synopsis The court was hearing an appeal by a woman challenging the decision of the trial court, whereby it has dismissed her petition seeking divorce from the man on the ground of cruelty and desertion While granting divorce to a woman ...
🤝 Mediation vs. Arbitration: Choosing the Right Path in ADR ⚖️
Alternative Dispute Resolution (ADR) has become an increasingly popular method for resolving disputes outside of traditional court litigation. Among the various ADR methods, mediation and arbitration stand out as two of the most commonly used approaches. While both aim to ...
Speak With Our
Get a Appointment