AI Overview...
-
Imposition of Cost in Negotiable Instruments Act Cases - Courts frequently impose costs when settling cases based on compromise, especially under Section 138 of the NI Act. A common practice is to impose a cost of 15% of the cheque amount, reflecting the court's acknowledgment of the compromise and the wasted judicial time Sher Mohammad VS State of Rajasthan - Rajasthan, Pravin Regar VS Ravikant - Rajasthan, MANGILAL Vs. STATE OF RAJASTHAN - Rajasthan, Shahnawaz Sheikh vs Dilip Bhadada - Rajasthan, ANIL BHATI Vs. STATE OF RAJASTHAN - Rajasthan, KAPIL Vs. SOHAN LAL JAIN - Rajasthan.
-
Factors Influencing Cost Imposition - The timing of the compromise is crucial; costs are more likely to be imposed when the settlement occurs after rejection of appeals or post-judgment. Courts also consider the nature of the compromise, whether it is voluntary and genuine, and the extent of judicial resources expended Sher Mohammad VS State of Rajasthan - Rajasthan, Pravin Regar VS Ravikant - Rajasthan, MANGILAL Vs. STATE OF RAJASTHAN - Rajasthan, Shahnawaz Sheikh vs Dilip Bhadada - Rajasthan.
-
Specific Cost Amounts and Justifications - Typical costs range from Rs. 15,000 to Rs. 25,000 or a percentage of the cheque amount (commonly 15%). For example, Rs. 20,000 or 15% of the cheque amount has been imposed as a cost, justified as compensation for judicial time and effort, especially when the case is settled amicably at a late stage Rakesh Udai Lal Dudani VS State of Rajasthan - Rajasthan, Lehara Ram VS Himata Ram - Rajasthan, KAPIL Vs. SOHAN LAL JAIN - Rajasthan.
-
Legal Validity and Precedents - Courts recognize the legal validity of compromise under Section 147 NI Act, and quashing of proceedings or sentences based on such compromises is supported by precedent. The imposition of costs is also consistent with established legal principles to ensure accountability and discourage frivolous litigation MANGILAL Vs. STATE OF RAJASTHAN - Rajasthan, ANIL BHATI Vs. STATE OF RAJASTHAN - Rajasthan, Sukhwant Singh VS Gurpreet Singh Gill - Punjab and Haryana.
-
Overall Conclusion - When cases under Section 138 NI Act are settled through compromise, courts typically impose costs (around 15% of the cheque amount or fixed sums) to compensate for judicial resources. Such costs are justified especially when the settlement occurs after initial rejection of appeals or at a late stage, emphasizing the importance of genuine compromise and judicial efficiency Sher Mohammad VS State of Rajasthan - Rajasthan, Pravin Regar VS Ravikant - Rajasthan, MANGILAL Vs. STATE OF RAJASTHAN - Rajasthan, Shahnawaz Sheikh vs Dilip Bhadada - Rajasthan, KAPIL Vs. SOHAN LAL JAIN - Rajasthan.
Search Results for "Impose Cost in Negotiable Act Compromise"
2022 0 Supreme(Raj) 2878 • India - Rajasthan
PUSHPENDRA SINGH BHATI
Issues: Compromise settlement, application under Limitation Act, conviction under Section 138 NI Act, imposition of costLimitation Act - Compromise Settlement - Section 138 NI Act - Summary: The court allowed the application filed under Section 5 ... However, since the compromise has been arrived at after rejection of the appeal preferred by the petitioner, a cost of 15% of the cheque amount deserves to be imposed....
2021 0 Supreme(Raj) 1905 • India - Rajasthan
PUSHPENDRA SINGH BHATI
Sayed Babalal H, which supports the resolution of disputes through compromise, thereby influencing the court's decision to impose ... COMPROMISE - NEGOTIABLE INSTRUMENTS ACT - The court acknowledged a compromise between the parties post-judgment, leading to the ... of the NI Act, and what costs should be imposed on the petitioner. ... However, as compromise has been arrived at after rejection of the appeal preferred by the petitioner, a cos....
2024 Supreme(Online)(RAJ) 31821 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE MANOJ KUMAR GARG, J
condoned - Conviction and sentence under Section 138 NI Act set aside based on compromise - Cost of 15% of cheque amount imposed ... the appropriate costs to impose on the petitioner. ... ... ... Findings of Court: ... The court acknowledged the compromise and set aside the conviction and sentence, imposing a cost of ... However, since the compromise has been arrived at after rejection of the appeal preferred by the petitioner, a cost#HL....
2023 0 Supreme(Del) 4466 • India - Delhi
DINESH KUMAR SHARMA
Final Decision: The petition stands disposed of with the directions to set aside the conviction order and sentence, and impose ... Finding of the Court: The court set aside the conviction order and the order on sentence, imposed a cost of Rs.25,000 ... The court also imposed a cost on the petitioner for not surrendering despite the dismissal of the appeal and lodging of a subsequent ... of the court, and also vests the court with jurisdiction to allow such compromise. ... However, s....
2025 Supreme(Online)(Raj) 10746 • India - High Court of Rajasthan (Jodhpur Bench)
Manoj Kumar Garg, J
The court emphasized the need to impose a cost of 15% of the cheque amount on the petitioner due to the circumstances of settlement ... The petitioner and the complainant have entered into a compromise, leading to findings that the sentence may be set aside as per ... Section 147 of NI Act. ... However, since the compromise has been arrived at after rejection of the appeal preferred by the petitioner, a cost of 15% of the cheque amount deserves to be imposed upon the ....
2024 Supreme(Online)(RAJ) 31136 • India - High Court of Rajasthan (Jodhpur Bench)
MANOJ KUMAR GARG, J
(Paras 1-5) ... ... (B) Compromise - Legal validity of compromise under Section 147 NI Act recognized ... Court set aside sentence upon compromise, imposing 15% cost of cheque amount as per established law. ... ... ... Findings of Court: ... The court acknowledged the compromise and set aside the sentence, requiring a 15% cost to be deposited ... However, since the compromise has been arrived at after rejection of the appeal preferred by the pet....
2023 0 Supreme(Raj) 2111 • India - Rajasthan
FARJAND ALI
Cost of Rs.20,000/- imposed. ... the offense under Section 138 is compoundable without court permission - Cost of Rs.20,000/- imposed upon the petitioner for wasting ... was condoned due to settlement between parties - The conviction and sentence were quashed following amicable compromise, noting ... Since the precious time of the court has been wasted in the entire criminal proceedings and now, the parties have arrived at a compromise at a belated stage, therefore, it is deemed approp....
2023 0 Supreme(Raj) 2116 • India - Rajasthan
FARJAND ALI
(Paras 3, 6) ... ... (C) Costs - Due to the delay in resolution, the court imposed a cost of Rs ... The compromise deed resolved disputes, warranting the quashing of the judgment of conviction and sentence. ... (Paras 6) ... ... Findings of Court: ... The compromise deed indicates mutual resolution between parties, allowing ... Since the precious time of the court has been wasted in the entire criminal proceedings and now, the parties have arrived at a compromise at a belated stage, therefore, it i....
2022 0 Supreme(P&H) 86 • India - Punjab and Haryana
VIKAS BAHL
based on compromise, and the impact of the compromise on the administration of criminal justice. ... Section 138 of the Negotiable Instruments Act, 1881 - Quashing of Criminal Complaint - 138 of the Negotiable Instruments Act, ... to previous judgments where similar petitions were entertained and criminal proceedings were quashed based on compromise. ... In addition to this, one case of Cheque U/s 138 of Negotiable Instrument Act was filed by the first party against t....
2024 Supreme(Online)(RAJ) 29638 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE MANOJ KUMAR GARG, J
The court set aside the conviction and sentence based on the compromise and imposed a cost of 15% of the cheque amount as per the ... the need to impose costs as per precedent. ... ... ... Issues: The main issues were the validity of the compromise and the implications for the conviction under Section 138 N.I ... on the basis of the aforesaid compromise subject to deposition of cost of 15% of the cheque amount. ... However, since the comp....
Filter by Legal Phrase
