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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - noncompliance of certain terms of the ...


Non-bailable warrants issued in cheque dishonor case deemed beyond jurisdiction; proceedings declared invalid.

November 3, 2023

Case Laws     Indian Laws     HC

Dishonour of Cheque - noncompliance of certain terms of the settlement agreement - once a compromise has been arrived at and an offence u/s 138 of the NI Act is compounded, the concerned Court, after passing an order compounding the offence can only proceed for attachment in terms of Sections 421 and 431 of the CrPC. Thus, the non-bailable warrants issued were without jurisdiction and therefore, the consequent proceedings u/s 82 of the CrPC were also invalid. - HC

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