Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise in between parties - Offence u/s 138 of the Act is compoundable, hence, conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 447, 379, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(G)(S), 3(2)(S)(A) -- Quashing of FIR - Compromise - Offence u/ss 427, 447, 379 IPC and Ss.3(G)(S), 3(2)(S)(A) of SC/ST Act - Dispute between parties has already been settled amicably - Complainant..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Offence u/s 138 of the Act can be compounded as complainant agreed that on account of precarious financial condition of accused, he is ready to accept the amount of Rs.25000/-, which he has already received - Offence compounded - Conviction and sentence set aside - Accused acquitted...........
Evidence Act, 1872, Section 102 -- Loan - Repayment of a part of the loan amount - Plea that it was towards full and final settlement - No written memorandum of compromise/settlement - When there is plea that part payment was towards full and final settlement then there is huge burden on such a party to show that there was a settlement - It is unbelievable that a party who..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant and accused have arrived at a compromise by filing application u/s 147 of the Act r/w S.320 Cr.P.C. - Therefore, it is deemed appropriate to state that when matter has ended in compromise, it is not proper for continuity of appeal and even at the stage of admission -..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Execution of decree - Issuance of warrants - Tenant voluntarily entered into a compromise and pursuant thereto, enjoyed benefit of staying in tenanted premises for a period of ten years - Now, at the stage of execution, tenant cannot raise any objections with regard to jurisdiction of ARC that recorded consent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Divorce by mutual consent - Amount paid in such proceedings was also towards maintenance of child - After matter is compromised and affidavits/documents in support of compromise are submitted then it would not lie in the mouth of any of the parties to backtrack from the same, moreso, after having..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 506 -- Quashing of FIR - Compromise - Offence u/ss 341, 323, 324, 506 IPC - Compromise arrived at between parties - Offences alleged to have been committed by accused do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences - Complainant..........
Lease/Tenancy -- Surrender of tenancy - Lease between landlord and tenant was subsisting and continuing as per order passed in compromise between parties - Being an admitted document, recording an incontrovertible fact, burden is on landlord to prove that tenant`s tenancy had been terminated or surrendered in a manner known to law, which he failed to do so - Findings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Conviction set aside - Court directed to release amount of Rs.30,000/- which has been deposited by petitioner...........
