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 - 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 -..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - No compromise and/or settlement arrived at in between the parties before Lok Adalat - Matter has to be returned to the Court from where the matter was referred to Lok Adalat for deciding the matter on merits - Lok Adalat has no jurisdiction at all to decide the matter on merits...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Petitioner has arrived at a compromise and out of Court settlement, after which complainant does not wish to prosecute application further - Offence compounded - Conviction set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Attempt to murder - Victim was attacked with a dangerous weapon i.e a knife - Injuries are such which would have caused death in ordinary circumstances - FIR cannot be quashed solely on the ground that parties have entered into a compromise - Petition for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Eight cheques issued - Case closed - All eight cheques dishonoured - The only option available to the complainant is to file execution case before the same Judge for execution of the order in terms of compromise for recovery of amount mentioned in the cheques - Court ought to register a..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compromise - Accused apologized for his fault and has taken responsibility for his action and had maturely sought forgiveness from victim - Victim also voluntarily accepted apology while considering age of accused at the time of incident and forgive him - Sentence reduced from 10 years R.I to 5 years R.I with..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(XI) -- Offence u/s 3(1)(XI) of SC/ST Act - Compromise - Where matter under SC/ST Act is compromised between parties, then victim is required to repay State any benefit reaped by victim, as per benevolent scheme of State to pay compensation to members of such community...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 3, 6, 5, 17, 16 -- Quashing of FIR - Kidnapping and rape of 17 years old girl - Settlement between parties - Accused and victim got married - Compromise and settlement entered between parties and marriage subsequently..........
