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
Protecting Confidentiality A Legal Guide to Non-Disclosure Agreements NDAs in India...
In a rapidly growing business ecosystem safeguarding sensitive information is paramount For Indian businesses Non-Disclosure Agreements NDAs have become crucial legal tools to protect trade secrets proprietary information client details and more This article explores NDAs from an Indian legal...
Be Vigilant Before Invoking Stringent Laws Like SC-ST Act Supreme Court Reminds Police Officers...
In a recent case the Supreme Court reminded police officers of their duty to be vigilant before invoking provisions of stringent laws such as the SC-ST Prevention of Atrocities Act stating that officers must be satisfied that the provisions apply...
Rajya Sabha Passes J K Reorganization Bill To Bifurcate Jammu And Kashmir Into Two...
The Rajya Sabha has passed the Jammu and Kashmir Reorganization Bill which is set to bifurcate the state of Jammu and Kashmir into two Union territories ndash Jammu and Kashmir which will have a legislature and Ladakh which will...
Retired Employees Can t Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age...
The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from years to years at par with the teachers of other Medical Colleges The...
Delhi pollution Supreme Court seeks report from Centre's air quality panel...
The Supreme Court on Tuesday sought a report from the Commission for Air Quality Management CAQM on the steps being taken to control air pollution in and around Delhi The Supreme Court on Tuesday sought a report from the Commission...
Insurance Companies Must Deal In A Bonafide Fair Manner Should Not Just Care For...
The Supreme Court observed that an insurance is expected to deal with the insured in a bonafide and fair manner and should not just care for and cater to its own profits It is the duty of the insurance company...
Speak With Our
Get a Appointment