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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Arjun Thapar – Appellant
Versus
Machhar Polymer Private Limited – Respondent
| Table of Content |
|---|
| 1. petitioners seek quashing of criminal cases. (Para 2 , 3) |
| 2. details of dishonoured cheques and their implications. (Para 4 , 11) |
| 3. arguments presented by both parties regarding payment and liability. (Para 5 , 6) |
| 4. conditions under section 138 and implications of criminal liability. (Para 10 , 12 , 13) |
| 5. court dismisses petitions. (Para 17) |
JUDGMENT :
1. Since common questions of law and fact arise in these batch of petitions, with the consent of learned advocates for the respective parties, they are being disposed of by this common order.
2. By way of this petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting proceedings of Criminal Case Nos.6676 of 2014, 6677 of 2014, 6675 of 2014 and 6674 of 2014 as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.
3. Brief facts of the case are as under:-
3.1 The petitioner No.1 is engaged in the business inter-alia of manufacturing TV tubes and is also supplying the same to various end consumers, manufacturing television.
3.2 That on account of several financial diffic
Compounding of offences under the Negotiable Instruments Act requires the complainant's consent; unilateral agreements are insufficient to quash criminal proceedings.
Dishonour of cheque – Compounding of offence – Consent is not mandatory in compounding of offences under Section 138 of NI Act.
The compounding of the offence under Section 138 N.I. Act is permissible without the consent of the complainant if the accused has been duly compensated, and the Court can use its inherent powers und....
The court held that a settlement payment can constitute compounding of an offence under Section 138 of the N.I. Act, allowing for the quashing of the complaint even without the complainant's consent.
Generally the powers available under Section 482 of the Code would not have been exercised when a statutory remedy under the law is available, however considering the peculiar set of facts and circum....
(1) Offence of dishonour of cheque is fully compoundable.(2) Generally, powers available under Section 482 of Cr.P.C. would not be exercised when a statutory remedy under law is available.
(1) Dishonour of cheque – Once a settlement agreement has been entered into by parties, proceedings in original complaint cannot be sustained and a fresh cause of action accrues to complainant under ....
Sending replacement cheque in closed cover refused by payee does not amount to payment under Section 138 NI Act Proviso (c) as payee must possess money; compounding requires complainant's consent.
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