Case Note & Summary
The case involved an appeal in the Supreme Court concerning a cheque bounce matter. The appellant, Ajay Ghosh, had been convicted in a lower court, and the matter was brought to the Supreme Court through a Special Leave Petition. The appellant deposited Rs. 7 lakhs in the High Court, which represented the amount of the cheque in question. The Supreme Court, upon hearing the parties, noted the settlement reached between the appellant and the respondent, K.K. Sahadevan. The court allowed the respondent to withdraw the deposited amount as a full and final settlement of the dispute. Consequently, the Supreme Court allowed the appeal, set aside the conviction of the appellant, and quashed the complaint against him. The decision underscored the importance of settlement in resolving disputes related to cheque bounce cases.
Headnote
A) Criminal Law - Cheque Bounce - Quashing of Conviction - Negotiated Settlement - The appellant deposited Rs. 7 lakhs in the High Court, which was the amount of the cheque, allowing the respondent to withdraw it in full and final settlement of the dispute. The court permitted the withdrawal and quashed the complaint against the appellant, thereby setting aside the conviction. Held that the settlement warranted the quashing of the conviction (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be allowed and the conviction quashed based on the settlement between the parties.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction of the appellant, and quashed the complaint against him, permitting the respondent to withdraw the deposited amount.
Law Points
- Cheque bounce
- settlement
- quashing of conviction
