Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Quashing of complaint - Offence u/ss 419, 420, 468, 471, 120-B IPC - Accused persons allegedly on pretext of renewing insurance policy duped complainant`s money - As per investigation it is an organized large-scale criminal operation to cheat several people - Merely..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Initiation of proceedings by accused under SARFAESI Act for recoveries against complainant - Proposal by accused that such recoveries could be adjusted against the dues of the firm and accused can be exonerated from the present criminal process - There is no scope of any adjustment under the Act..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties - Bank withdraw the complaint u/s 138 of Negotiable Instruments Act - Since main petition u/s 138 of Negotiable Instruments Act stands withdrawn in..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Statement made by a party or by his counsel towards compromise which is taken down in writing is as good as a written compromise and would satisfy requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Very purpose of incorporating that a compromise should be in writing was to ensure that everything is there in black-and-white and that there is no ambiguity in respect of terms of compromise so that either of party does not turn round at a later stage to back out on some terms or tries to misinterpret some terms..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision - Complainant received the amount as full and final settlement of dispute - Offence u/s 138 of the Act is compoundable - Conviction and sentence set aside - Accused acquitted...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 90 -- Compromise- Refund of Court fee - Court fees can be refunded to parties where compromise/settlement takes place even outside Court - Both the parties allowed refund of their respective Court fees affixed before trial Court, lower Appellate Court and High Court in second appeal...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Compromise forming basis of decree can only be questioned before same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred U.O.23.R.3-A CPC - Writ petition challenging compromise decree not maintainable...........
Indian Penal Code, 1860, Section 313, 498A, 114 -- Offence u/ss 313, 498-A, 114 IPC - Compromise - Amicable settlement arrived at between parties - Offences in question are lesser serious in nature - Further proceedings would amount to abuse of process of law - FIR quashed...........
