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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Bombay High Court Dismisses Petition Challenging Magistrate's Order Refusing to Issue Process Under Section 406 IPC in License Agreement Dispute. Court Held That Dispute Was Purely Civil in Nature and No Criminal Offence Was Made Out.

The petitioner, Sharan P Khanna, owned certain premises and entered into a license agreement with respondent No.1, Oil & Natural Gas Corporation Ltd. ...

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Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The cheque was presented and dishonoured at a branch outside the court's jurisdiction, making the complaint under Section 138 of the Negotiable Instruments Act, 1881 not maintainable.

The applicant, Barakara Abdul Aziz, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash Criminal ...