Order XXIII Rule 3 CPC Cannot Be Imported To Deal With Complaints U/S 138 Negotiable Instruments Act: Jammu & Kashmir High Court
1 year, 8 months ago

Order XXIII Rule 3 CPC Cannot Be Imported To Deal With Complaints U/S 138 Negotiable Instruments Act: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that the provisions of Order XXIII Rule 3 of the CPC cannot be imported to deal with a complaint under Section 138 of the Negotiable Instruments Act. A bench of Justice Javed Iqbal Wani observed that Section 138 of the Act is quasi-criminal and, "The Magistrate could not have relied upon the aforesaid provisions of CPC while dealing with the case of a criminal offence under Section 138 of the Act which proceedings are regulated by the Code of Criminal Procedure". The Magistrate accordingly had acquitted the petitioner of the offences under section 138 of the NI Act by relying on the provisions of Order XXIII Rule 3 CPC and directed that in case of breach of the order and non-payment of the agreed amount, the same would be recoverable under section 547 read with section 386 Cr.P.C. Expounding on the import of Order XXIII Rule 3 of CPC to deal with the proceedings under Section 138 of NI Act Justice Wani observed that the nature of offence under Section 138 of the Act is quasi-criminal, in that, while in arises out of a civil wrong, the law however, imposes a criminal penalty in the form of imprisonment or fine.

Criminal Order Respondent Proceedings Cpc Act Magistrate Petitioner Wani Compromise 138 Section 138 Section 138 Of Order Xxiii Rule Order Xxiii Rule 3 Xxiii Rule  cpc  petitioner  order  instruments  imported  proceedings  138  xxiii  rule  act  high  deal  jammu  compromise  respondent  magistrate  criminal  kashmir  negotiable

History of this topic

Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court
5 months, 1 week ago

Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that proceedings under Section 138 of the Negotiable Instruments Act are justified in cases stemming from commercial transactions, regardless of the civil nature of the underlying transaction. Chapter XVII of the Negotiable Instruments Act, which outlines penalties for cheque dishonour due to insufficient funds would apply to bolster the reliability …

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court
9 months ago

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code as a tool to coerce defendants or convert unsecured debts into secured ones. The provisions of Order 38 Rule 5 being stringent in nature are to be construed strictly without being used as a lever for a plaintiff …

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court
1 year ago

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court

Live Law  

In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court held that once the settlement has been arrived at and the complainant has signed the deed accepting an amount in full and final settlement, the proceedings under this provision must be quashed. “Considering the overall facts and circumstances of the …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 1 month ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Order 23 Rule 3(A) - Bar On Filing New Suits Only Applicable To Parties Involved In Compromise Decrees, Not To Strangers: J&K High Court
1 year, 2 months ago

Order 23 Rule 3(A) - Bar On Filing New Suits Only Applicable To Parties Involved In Compromise Decrees, Not To Strangers: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that although Order 23, Rule 3-A of the Civil Procedure Code bars new suits from setting aside a decree based on a lawful compromise, the bar only applies to parties involved in the compromise and does not preclude strangers to the suit from filing independent suits to challenge the compromise …

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court
1 year, 2 months ago

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that restoring a case consigned to records without an adverse order or a decision on parties' rights does not qualify as a review and hence such a case could be called back by the Consumer Commissions. The Court was hearing an appeal filed under Section 17 of the Jammu and …

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 4 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC
1 year, 5 months ago

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC

Live Law  

The High Court of Delhi has held that the Court under Section 37 of the A&C Act should not interfere with a reasoned order of the tribunal granting interim relief based on thorough examination of the matter. Accordingly, the Respondent No.1 invoked the dispute resolution clause and issued a notice for amicable settlement, however, upon the failure of the parties …

Proceedings Before Mediator Confidential, Parties Can't Be Compelled To Abide By Offers Made During Negotiations: Jammu & Kashmir High Court
1 year, 9 months ago

Proceedings Before Mediator Confidential, Parties Can't Be Compelled To Abide By Offers Made During Negotiations: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that proceedings conducted before a Mediator are confidential in nature and the parties cannot be compelled to abide by what was offered by them during the negotiations before the Mediator. One, that he should be permitted to incorporate subsequent event of raising construction of plinth to the height of 6 …

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court
1 year, 9 months ago

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code to allow application for production of additional documents. Order XLI R 27 of …

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court
2 years, 3 months ago

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday observed that a compromise deed is essentially a contract between the parties superimposed by the decree of the Court and such a decree can be avoided only by approaching the same Court and demonstrating before it that the compromise on the basis of which decree is passed is not lawful. …

CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court
2 years, 5 months ago

CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that merely because a settlement has taken place between warring spouses during the pendency of execution proceedings, the order of maintenance passed by a Magistrate under Section 488 of J&K CrPC does not get wiped out if the settlement does not work. A bench comprising Justice Sanjay Dhar was hearing …

"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees
2 years, 8 months ago

"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees

Live Law  

Punjab and Haryana High Court has reiterated that parties are entitled to refund of court fees even in case of compromise entered into outside the Court. The bench comprising Justice Alka Sarin while setting aside the order passed by the Trial Court allowed the petition and held the petitioner entitled to get the refund of court fees. The application for …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
2 years, 10 months ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Section 138 NI Act: Complaint Cannot Be Proceeded With Once The Accused And Complainant Enter Into A Settlement Agreement: Supreme Court
3 years, 3 months ago

Section 138 NI Act: Complaint Cannot Be Proceeded With Once The Accused And Complainant Enter Into A Settlement Agreement: Supreme Court

Live Law  

The Supreme Court observed that a complaint under Section 138 of Negotiable Instruments Act cannot be proceeded with once the accused and the complainant enter into a settlement agreement.The bench headed by Justice DY Chandrachud observed that non-compliance of the terms of the settlement agreement or dishonour of cheques issued subsequent to it, would then give rise to a fresh …

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC
5 years, 3 months ago

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC

Live Law  

Dismissing a petition filed under Article 227 of the Constitution on account of availability of an alternate remedy, the Allahabad High Court has held that the bar against appeal from a compromise decree shall not apply in cases where the court records some part of the compromise while declines to record the remaining part. In this view, the court passed …

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