SUPREME COURT
Unknown, J
Chandra Shekhar Agarwal v. Gulzar Singh (Dead)
S. L. P. (Crl.) No. 2569 of 2008
| Table of Content |
|---|
| 1. compromise settlement impact. (Para 2) |
| 2. court's non-involvement in disputed facts. (Para 3 , 4) |
| 3. consideration of bail application. (Para 5) |
1. Heard learned counsel for the petitioner.
2. It is submitted by learned counsel for the petitioner that the complaint ought to have been quashed by the High Court. The complaint had been filed under S.138 of the Negotiable Instruments Act , 1881 and is pending before the trial court.
3. It was submitted by learned counsel for the petitioner that compromise had been entered into and a settlement has accordingly been worked out and a sum of Rs.2,50,00,00/- (Rs.Two Crores Fifty Lakhs) was paid by way of cheque and same has been encashed.
4. We do not want to go into various disputed questions of fact whether compromise has been entered into and what is the effect of the same. It would be open to the petitioner to raise question of effect of compromise deed and it would be open to the trial court to take into consideration the effect of the said compromise, and receipt of the consideration if any as submitted by the learned counsel for the petitioner, accordingly, we dispose of this special leave petition with the aforesaid observation. The observations made by the High Court shall not come in the way of the trial court to consider the aforesaid aspect.
5. The petitioner may appeal before the court and make a prayer for releasing him on bail. The court shall consider the prayer as expeditiously as possible.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.