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 - Original complaint must be quashed and parties must proceed with the remedies available in law under the settlement agreement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once a settlement is entered into in between the parties, the parties are bound by the terms of agreement and any violation of the same may result in consequential action in civil and criminal law...........
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 - 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 -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused has to bring on record circumstances which may lead the Court to believe that consideration and debt did not exist or it was so probable that a prudent man would act upon the plea that they did not exist...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once complainant discharges the burden of proving that instrument was executed by accused, presumption u/s 139 shifts the burden on accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused took a specific plea that his cheque book was lost somewhere and cheque leafs were kept signed by him - Therefore, he had lodged an FIR - However, accused did not examine any witnesses to prove the fact that he had in fact lodged an FIR - Accused lied while taking aforesaid plea - In a criminal..........
