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
Supreme Court To Form Panel Of Experts To Evaluate “Carrying Capacity” Of Hilly Areas
In order to determine the “carrying capacity” of overcrowded hill stations in Uttarakhand, Himachal, and other Himalayan states affected by landslides, the Supreme Court on Monday decided to form a panel of experts on environment and climate studies from government institutions. A ...
Can One Poorly Drafted Agreement Lead to Years of Litigation?
Why Smart Businesses Invest in Legal Clarity Before Signing, Not After a Dispute Begins In business, partnerships are built on trust.Transactions are built on opportunity.But when disputes arise, courts do not interpret trust—they interpret documents. One poorly drafted agreement, one ...
🏠 𝐋𝐞𝐠𝐚𝐥 𝐂𝐡𝐞𝐜𝐤𝐥𝐢𝐬𝐭 𝐁𝐞𝐟𝐨𝐫𝐞 𝐈𝐧𝐯𝐞𝐬𝐭𝐢𝐧𝐠 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚𝐧 𝐑𝐞𝐚𝐥 𝐄𝐬𝐭𝐚𝐭𝐞 (2025 𝐄𝐝𝐢𝐭𝐢𝐨𝐧)
𝐍𝐑𝐈 𝐨𝐫 𝐇𝐍𝐈? 𝐃𝐨𝐧’𝐭 𝐈𝐧𝐯𝐞𝐬𝐭 𝐖𝐢𝐭𝐡𝐨𝐮𝐭 𝐓𝐡𝐞𝐬𝐞 7 𝐋𝐞𝐠𝐚𝐥 𝐂𝐡𝐞𝐜𝐤𝐬! Real estate remains one of the most trusted investment avenues for 𝐍𝐑𝐈𝐬 𝐚𝐧𝐝 𝐇𝐍𝐈𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚. But with rising frauds, title disputes, and compliance issues—a beautiful property can become a ...
Uttarakhand Uniform Civil Code Receives President's Approval
In a crucial development, the Uttarakhand Uniform Civil Code (UCC) Bill, 2024 has been granted assent by President of India Droupadi Murmu. It may be recalled that in 2022, a committee was formed by Pushkar Singh Dhami-led Uttarakhand Government to ...
In A First, Supreme Court Data Available On National Judicial Data Grid On Real Time Basis; Boost For Transparency, Says CJI DY Chandrachud
Chief Justice of India DY Chandrachud announced today that the Supreme Court is officially 'onboard' with the National Judicial Data Grid (NJDG) now. The CJI described the onboarding of the Supreme Court data on NJDG portal under the court's 'open ...
Freezing of Bank Accounts by ED/GST/Police – Legal Remedies Explained
Has your bank account suddenly been frozen by the Enforcement Directorate, GST authorities, or police investigation? For businesses and individuals alike, a frozen bank account can bring operations to an immediate halt. Why Bank Accounts Are Frozen by Authorities Authorities ...
Speak With Our
Get a Appointment