Judicial Review Not Negated In Election Matters Where Level Playing Field Is Impaired By Violence: Supreme Court FIR Registration | Prospective Accused Has Locus Standi To Appeal Against Single Judge's Direction: Supreme Court Executing Deed Claiming Disputed Property Not 'False Document' Without Impersonation; Civil Disputes Can't Be Criminalised: Allahabad High Court Section 24 CPC | Partition Suit Can Be Transferred To High Court To Avoid Inconsistent Findings With Pending Testamentary Proceedings: Bombay High Court Upgraded Junior High Schools Lose Separate Legal Identity; Recruitment Under 1978 Rules Not Maintainable For Resulting Vacancies: Allahabad High Court Section 370 IPC | Consent Of Victim Is Irrelevant For Proving Trafficking; High Court Sustains Conviction Despite Acquittal Under Section 370A(2) Section 307 IPC | Absence Of Bodily Injury Does Not Exclude Offence If Intention Or Knowledge Is Established From Surrounding Circumstances: Delhi High Court Income Tax Reopening | Assessing Officer Cannot Initiate Reassessment Based On Third-Party Allegations Without Establishing Direct Nexus With Assessee: Gujarat High Court Section 294 CrPC | Non-Examination Of Autopsy Doctor Not Fatal To Prosecution When Post-Mortem Report's Genuineness Is Undisputed: Karnataka High Court Section 25 Arms Act | Mere Custody Without Awareness Not An Offence, 'Conscious Possession' Essential: Delhi High Court Quashes FIR Over Single Live Cartridge Section 20 Prevention Of Corruption Act | Statutory Presumption Cannot Be Triggered Without Proof Of Demand; Mere Recovery Insufficient: Himachal Pradesh High Court Article 227 Constitution of India | High Court Cannot Sit In Appeal Over Findings Of Tribunal Under Supervisory Jurisdiction: Kerala High Court Mere Registration Of Will Does Not Dispense With Requirement To Prove Execution Under Section 68 Evidence Act: Madras High Court Insurance Policy Exclusion | Onus To Prove Suicide Can Be Discharged By Circumstantial Evidence And Unexplained Discrepancies In Medical Records: NCDRC Registration Act | Contested Decree Declaring Pre-Existing Rights By Adverse Possession Does Not Require Compulsory Registration Or Stamp Duty: Madhya Pradesh High Court Section 100 Patents Act | Government Empowered To Authorise Manufacture Of Patented Life-Saving Drugs For Non-Commercial Distribution To Patients: Kerala High Court Madras High Court Slaps ₹1 Lakh Cost On Centre Over Botched Prisoner Repatriation Contempt Of Court | Bona Fide Efforts To Verify Credentials Preclude Finding Of 'Wilful Disobedience': Telangana High Court Financial Commissioner Cannot Remand Appointment Of Lambardar Without Finding Perversity In Collector’s Order: Punjab & Haryana High Court Article 226 | High Court Cannot Act As Second Appellate Authority Over Transfer Orders; Judicial Review Permissible Only On Four Limited Grounds: Rajasthan High Court Drugs and Cosmetics Act | Prosecution Must Prove Possession And Lack Of Licence Through Independent Evidence; Failure Of Panch Witnesses Is Fatal: Telangana High Court Section 392 IPC | Appellate Courts Can Reduce Sentence To Period Already Undergone Considering Protracted Litigation And Lack Of Criminal Antecedents: Punjab & Haryana High Court

A complainant cannot pursue two parallel prosecutions for the same underlying transaction. - SC

07 May 2024 2:49 AM

By: Admin


A total of 18 cheques dated 8 August 2012 of a total value of Rs. 9 crores were issued by ACL in favour of the appellant (Gimpex Private Limited). The dishonour of the cheques on 21 August 2012 on the ground that the payment had been stopped by the drawer or, as the case may be, for insufficiency of funds. The balance due and payable under the deed of compromise has admittedly not been paid and the second set of cheques has been dishonoured. There are two sets of criminal complaints under Section 138 of the NI Act. While the suit is pending, the interim application stands dismissed. High Court allowed quash the prosecution on the basis that the deed of compromise would not constitute a legally enforceable liability. Appellant approached Apex Court .Apex Court held that Once the settlement has been entered into, the complainant cannot be allowed to pursue the original complaint under Section 138 of the NI Act.  Once a settlement agreement has been entered into between the parties, the parties are bound by the terms of the agreement and any violation of the same may result in consequential action in civil and criminal law. Once parties have voluntarily entered into such an agreement and agree to abide by the consequences of non-compliance of the settlement agreement, they cannot be allowed to reverse the effects of the agreement by pursuing both the original complaint and the subsequent complaint arising from such non-compliance. The settlement agreement subsumes the original complaint. Non-compliance of the terms of the settlement agreement or dishonour of cheques issued subsequent to it, would then give rise to a fresh cause of action attracting liability under Section 138 of the NI Act and other remedies under civil law and criminal law. Appeal Partly Allowed. 

Latest Legal News