HC acquits person accused of offence u/s 138 as parties reached settlement and claim was satisfied
- News|Blog|FEMA & Banking|
- < 1 minute
- By Taxmann
- |
- Last Updated on 4 March, 2022
Latest from Taxmann
Case details: Ravikumar K v. Smt. Mangala Gowri - [2021] 129 taxmann.com 290 (Karnataka)
Judiciary and Counsel Details
-
- Ashok G. Nijagannavar, J.
- Subramanya P.D., Adv. for the Appellant.
- Amith Deshpande, Adv. for the Respondent.
Facts of the Case
A complaint under section 138 of the Negotiable Instrument Act, 1881 was filed against the accused alleging dishonour of cheques issued by the accused. However, both parties amicably settled the dispute and filed a compromise petition/joint memo before Criminal Court.
One of the terms of compromise was that on receiving cheque amount of Rs. 90,000, the complainant had to withdraw a civil suit filed before Trial Court, for recovery of Rs. 21,000.
High Court Held
According to the provisions of the joint memo, the complainant had received the whole cheque amount of Rs. 90,000, and the complainant was required to dismiss the civil complaint filed before the Trial Court after the accused had satisfied his complete claim.
The Complainant, on the other hand, had failed to meet his obligations and was able to get a judgment for the recovery of Rs. 21,000 in damages. On the circumstances, having satisfied the claim of the accused, she was acquitted of the accusations brought against her for violations of section 138 of the Negotiable Instrument Act, 1881.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
CA | CS | CMA
