Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Settlement arrived at between parties - Complainant has signed the compromise deed accepting a particular amount in full and final settlement of default amount and fine amount awarded by trial Court - Proceedings u/s 138 of the Act quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a settlement after appellate Court had upheld conviction of petitioner - Offences under the Act can be compounded at any stage of proceedings - Keeping in view the spirit of S.147 of the Act, offence u/s 138 of the Act can be compounded - Conviction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Direction to remit the amount of fine in the trial Court - However, entire amount of compensation paid to complainant - There is substantial compliance of the direction - Court below directed to make necessary entry in the fine register recording the factum of settlement between the parties, as if fine..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compounding of offences at revisional stage - Settlement between the parties and due amount is paid to complainant - Conviction and order of sentence, quashed and set aside with Cost of Rs.10,000/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once parties voluntarily enter into an agreement and agree to abide by the consequences of non-compliance of the settlement agreement, they cannot be allowed to reverse the effects of the agreement by pursuing both the original complaint and the subsequent complaint arising from such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued in pursuance of compromise dishonoured - Once a settlement is arrived at in between the parties, proceedings in the original complaint cannot be sustained and a fresh cause of action accrues to complainant under terms of settlement deed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Original complaint must be quashed and parties must proceed with the remedies available in law under the settlement agreement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once a settlement is entered into in between the parties, the parties are bound by the terms of agreement and any violation of the same may result in consequential action in civil and criminal law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued to pursuance of compromise - Such cheques dishonoured - Determination of whether a cheque pursuant to a settlement agreement arises out of a legal liability would be dependent on various factors, such as the underlying settlement agreement, nature of original transaction and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - In the event compromise deed is found to be void ab initio on account of coercion, very basis for quashing the first complaint is removed since the settlement agreement is deemed to have never existed and hence it had no effect on the liability subsisting under the first complaint -..........
