2019 (11) TMI 1592 - SCH - Indian Laws

Permission for withdrawal of SLP - Dishonor of Cheque - repeated proceedings or not - petitioner submitted that the trial Court has committed an error in rejecting the application preferred by the petitioner - it was held by High Court that In the case under Negotiable Instrument Act, if a fine is imposed it is to be adjusted to meet the legal enforceable liability. There cannot be such a requirement in the offence under Indian Penal Code. The case under Negotiable Instruments Act can only be initiated by filing a complaint. However, in the case under Indian Penal Code such a condition is not necessary. There may be overlapping of the facts in both the cases but the ingredients of the offences are entirely different. HELD THAT - The Special Leave Petition is dismissed as withdrawn.

Summary

The Supreme Court of India dismissed the Special Leave Petition as withdrawn. The interim order from 07.09.2018 is vacated. The Court directed the Magistrate to conclude proceedings under Section 138 of the Negotiable Instruments Act within three months due to a nine-year delay.