Agreement to sell -- Specific performance - Agreement cancelled by parties - Plea of non cancellation of agreement on the ground that instead of Rs.62,500/- an amount of Rs.61,434/- was paid - Cheque of Rs.61,434/- alongwith a letter was issued - Cheque was encashed - Letter was not replied by refuting the averments thereof - Held, this overt conduct clearly demonstrates..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan amount - Financial capacity of complainant - Non filing of ITR - Pales into insignificance when loan transaction and outstanding liability is clearly evidenced by Memorandum of Settlement, receipt executed by accused on the same day and promissory note...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 418, 420 -- Quashing of proceedings - Cheating - Dishonour of cheque - Compromise arrived at between parties outside Court - Matter neither involves any offence of heinous nature nor having any societal impact and dispute has come to an end under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption with regard to existence of a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.3.21 crores - Account settled through a mutual meeting and net payable amount reduced to Rs.2.87 crores - Notice issued demanding Rs.2.87 crores - However, on account of subsequent talks between parties an amicable settlement arrived at - Amount agreed to be paid Rs.1.80 crores to be..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction u/s 138 of the Act - During pendency of revision petition, compromise took place between the parties and complainant has submitted settlement affidavit in that regard - Therefore, it is expedient to permit the parties to compound the criminal case at the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by special power of attorney holder - Maintainability - Attorney holder aware of entire transaction between complainant and accused, which is evident from the settlement agreement signed by both attorney holder and accused - Complaint by attorney holder, held, maintainable...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of Cheque - Compounding of offence - Accused convicted for no, payment of cheque amount - However, as per settlement between parties, complainant agreed to accept the amount as agreed between parties towards full and final settlement of all dispute - Since accused deposited the entire amount agreed between..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Settlement arrived at between parties of their own free will and volition and not because of any pressure or coercion - Terms of settlement fulfilled as entire agreed amount paid - Dispute between parties completely settled - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Cheque issued as per settlement dishonoured - Second complaint - Held, second complaint is not maintainable as cheque was not issued in discharge of debt or liability - However, complainant is liberty to take appropriate action for enforcement of settlement arrived at between..........
