Maintainability of Execution proceedings – Withdrawal of suit – Execution proceedings and all subsequent proceedings on the basis of the said execution proceedings are held illegal, null, and void.

(P&H HC) Decided on: 24.02.2020

Cheque bounce case -- Conviction of accused – Accused is acquitted from all the charges framed against him, in view of Section 320(6) of Cr.P.C., which provides that a High Court or Court of Session acting in the exercise of its powers of revision under Section 401 may allow any person to compound any offence which such person is competent to compound under this Section.

(P&H HC) Decided on : 16.01.2018

Cheque bounce case -- Liabilities created by Sections 138, 139, 141 and 143 of the Negotiable Instruments Act are in contemplation with an offence otherwise not contemplated by Indian Penal Code -- Therefore, Section 147 of the Negotiable Instruments Act would prevail over the scheme including Section 320(6) of Cr.P.C.

(P&H HC) Decided on: 30.05.2017

Cheque bounce case -- Non-surrender of accused -- Whether after availing statutory remedies and after having remained unsuccessful therein, the petitioner can file petition u/s 482 Cr.P.C read with Section 147 of the Negotiable Instruments Act for quashing of the complaint on the basis of compromise without surrendering before the Court at first point of time -- Held, factum of not surrendering would not affect the right of the petitioner -- Filing of petition on the basis of compromise even despite loosing the remedy in hierarchy is maintainable – Impugned judgement passed by Courts below are set aside.

(P&H HC) Decided on: 30.05.2017

Cheque bounce case -- Other law -- Enactment in terms of Section 147 of the Negotiable Instruments Act being the special law would prevail over general law.

(P&H HC) Decided on: 30.05.2017

Cheque bounce case -- Compounding of Seven cases u/s 138 of N.I. Act – Total amount of Cheques i.e. Rs.10,68,650/- paid and complainant has not objection in compounding of case – Petitioner shall together in all the seven cases pay compensatory non-refundable costs of Rs.50,000/- with the office of Deputy Commissioner within 15 days -- Conviction orders quashed by way of compounding/compromise.

(P&H HC) Decided on: 19.05.2017

Cheque bounce case -- Compromise at revisional stage – Acquittal in Cheque bounce case – Revision is allowed on the basis of the compromise – Judgment of conviction and order of sentence of the appellate court as well as the trial Court set aside -- Petitioner is acquitted of the charge on the basis of compromise.

(P&H HC) Decided on: 29.03.2017

Cheque bounce case -- Conviction of accused -- Amount of Rs.30,000/- paid to complainant in revision – Conviction order set aside and petitioner ordered to be released on deposit of 15% amount i.e. Rs.4500/- in Haryana State Legal Services Authority.

(P&H HC) Decided on: 23.02.2017

Cheque bounce case -- Compounding of offence after conviction -- Hon’ble Apex Court in Damodar S. Prabhu’s case 2010(2) RCR (Criminal) 851 has held that in a case of dishonour of cheques, compensatory aspect of the remedy should be given priority over the punitive aspect – As the matter has been finally settled and the liability is discharged and the petitioner has also deposited 15% of the cheque amount with the Punjab State Legal Services Authority, necessary permission to compound the offence u/s 138 of the Act is granted -- Conviction and order of sentence are set aside and the petitioner is acquitted of the charge levelled against him.

(P&H HC) Decided on: 16.03.2016

Cheque bounce case -- Compromise at the stage of High Court -- Compounding charges reduced from 15% to 10% -- In a case of dishonour of cheques, compensatory aspect of the remedy should be given priority over the punitive aspect – Competent Court can reduce the costs with regard to the specific facts and circumstances of a case, while recording reasons in writing for such variance -- Petitioner being a poor person, ends of justice would be met, if the requirement of deposit of 15% of the cheque amount is reduced to 10% of the cheque amount -- Petitioner is acquitted of the charges subject to deposit of 10% of the cheque amount with the State Legal Services Authority, Haryana.

(P&H HC) Decided on: 22.01.2016

Cheque bounce case -- Accused paid the cheque amount alongwith 6% interest per annum to complainant -- Compounding is allowed on deposit of costs @ 7.5% instead of 15% of cheque amount.

(P&H HC) Decided on: 17.11.2015

Cheque bounce case -- Compromise by accused in cheque bounce case -- Denial of -- Effect of -- Statement of the accused given before Ld. Addl. Sessions Judge that he has compromised with the complainant and he will pay the amount to the complainant – Held, in no way on the basis of this statement the accused can be convicted.

(P&H HC) Decided on: 03.11.2015