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ANIL KUMAR UPMAN
Lakhani Builders Pvt. Ltd – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. details of the petition and the transactions. (Para 1 , 2) |
| 2. opposing arguments from the respondent. (Para 3) |
| 3. court's analysis of the case and merits. (Para 4 , 5) |
| 4. the rationale and principles behind quashing the proceedings. (Para 6) |
| 5. final order and decision. (Para 7) |
ORDER :
1. By way of this misc. petition under Section 482 Cr.P.C. the accused petitioners have sought prayer for quashing of the entire criminal proceedings pending against them in the court of learned Special Judicial Magistrate (N.I. Act Cases) No. 4, Ajmer, Rajasthan bearing CIS No. 2469/2021 : Dr. Anoop Sharma v. Lakhani Builders Pvt. Ltd. & Ors.
2. It is contended by learned counsel for the petitioners that the petitioner No. 1 is a company engaged in construction of residential and commercial establishments and the petitioner nos. 2 & 3 are the Directors of the petitioner No. 1. The respondent No. 2 booked Flat No. 403 in Lakhani's Skyways, Plot No. 7, Sector 5 Ulwe, Navi Mumbari and a total payment of Rs.85,00,000/- has been allegedly made by him. Counsel further contends that the respondent No. 2/complainant cancelled the aforesaid booking was cancelled and requested for refund of pay
Compounding of offences under the Negotiable Instruments Act requires the complainant's consent; unilateral agreements are insufficient to quash criminal proceedings.
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.
Point of Law : Inherent jurisdiction under Section 482 Cr.P.C. though wide, has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specificall....
Under the shadow of Section 138 of the NI Act, parties are encouraged to settle the dispute resulting in ultimate closure of the case rather than continuing with a protracted litigation before the co....
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 main legal point established in the judgment is that the offence under Section 138 of the N.I. Act is primarily a civil wrong, and the principles related to compounding of the offence, consent of....
Dishonour of cheque – Compounding of offence – Consent is not mandatory in compounding of offences under Section 138 of NI Act.
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