Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque dishonoured issued in terms of settlement in Lok Adalat - Decree Holder need not to be driven to Court for filing a civil or criminal proceedings for the recovery of the amount covered by the cheque - Decree holder is entitled to get the decree for said amount with interest and costs,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Material on record is sufficient to raise doubt regarding story of complainant - Even, discrepancy regarding mutual settlement between parties not duly explained by complainant - Moreover, complainant failed to prove his case and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mutual settlement before mediator - Accused agreed to pay Rs.26 lakhs towards full and final payment to complainant - Accused made payment of first installment of Rs.5.50 lakhs but failed to pay balance amount - Due to failure to perform the terms of settlement complaint was revived - Interest of..........
Negotiable Instruments Act, 1881, Section 138, 147, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Compounding of offence - Lok Adalat - Matter already settled between parties - On their application matter was referred to Lok Adalat only for taking its imprimatur to said settlement - Accused has to deposit 15% of cheque amount in Court as per..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Court can allow reasonable time to parties to fulfill terms of agreement in order to promote settlement arrived at in mediation and if parties willing to abide by condition then Court can wait for that much time provided in mediation agreement i.e. up to 6 months - But if the defaulting..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Complaint - Settlement - Modification of - Parties entered into an amicable settlement whereby petitioner agreed to pay sum due in full and final settlement of claim of respondent bank - Application for modification of terms of settlement - Held, once settlement reached is accepted by Court or an..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttable - Plea of accounts not settled - Held, issuance of cheque without settlement of account does not amount to rebuttal of presumption...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Compounding of offence - Parties settled dispute amicably - Accused agreed to pay a total sum of Rs.5,85,000/- against cheque amount of Rs.10 Lacs as full and final settlement of claim of complainant - Accused also deposited 15% of cheque amount with State Legal Services Authority -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Petitioner did not repay loan and defaulted in payment of installments - Respondent company took recourse to arbitration proceedings but before award could be passed, petitioner approached respondent with offer of settlement and..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have entered into a settlement during pendency of appeals - Terms and conditions settled between parties - Held, in view of the settlement, parties permitted to compound offence punishable u/s 138 of NI Act...........
