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..........
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 -- 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 - Cheques issued in pursuance of compromise - Cheques again dishonoured - Held, second set of cheques issued in pursuance of deed of compromise and dishonoured cannot be said to be not towards the discharge of a liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued in pursuance of compromise - Complaint on the basis of dishonour of such cheques - Held, mere fact that a suit is pending challenging validity of compromise deed would furnish no cogent basis to quash the proceedings u/s 138 of the Act...........
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 -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Complainant placed on record compromise deed wherein, it is admitted that matter is finally settled and complainant has no objection if offence is compounded and accused is acquitted - Judgment of conviction and sentence set aside and accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compromise - After dismissal of appeal, accused has compromised the matter and compromise deed has been reduced into writing - Respondent/complainant received entire amount and he has no objection if revision petition is allowed - Order of conviction and sentence set..........
