Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties after rejection of appeal against conviction filed by petitioner - Cost of Rs.7.5% of cheque amount deserves to be imposed upon petitioner - Conviction and sentence set aside on the basis of compromise subject to deposition of cost as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued pursuant to a compromise arrived at in a dispute regarding agreement which is hit by S.23 of Contract Act, would not be considered as a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded at any stage of proceedings especially when parties have themselves arrived at a voluntary compromise...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant arrived at a compromise with appellant without any coercion and at his own will and voluntarily - Once complainant has signed compromise deed accepting the amount in full and final settlement of default sum, proceedings u/s 138 of the NI Act cannot be sustained..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Statement of complainant recorded to the effect that matter has been compromised - Thereafter complainant stated that there was no compromise and accused is yet to make the payment as per compromise - Complainant cannot be permitted to back out from mutual settlement - If any of the parties..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
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...........
