Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights December 2023 Year 2023 This

Dishonour of Cheque - compounding of offence - Requirement of ...

Case Laws     Indian Laws

December 25, 2023

Dishonour of Cheque - compounding of offence - Requirement of consent of non-applicant - CIRP proceedings have been initiated against the Accused company and its directors - The non-applicant no.2, thus, appears to have raised his claim for recovery of the amount on 03.01.2018 before the IRP. Admissible recovery, whether of Rs.3 crores or otherwise, will be considered before the IRP and in terms of the provisions of the IBC Code, 2016. In the circumstances, to not offer consent on the ground that the applicants owe dues to the non-applicant no.2 to the tune of Rs. 3 crores is, in my considered opinion, an abuse of process of law - HC

View Source

 


 

You may also like:

  1. Dishonor of Cheque - Section 320 Cr.P.C. enumerates the manner in which the offences are to be compounded whereas Section 147 of the Act makes the offences under the Act...

  2. Dishonor of cheque - compounding of offences - The parties have agreed to end the proceedings by way of compromise and the opposite party no.2 has already received the...

  3. Dishonor of Cheque - settlement of disputes between the parties - compounding of offences u/s 138 - Needless to say, the operation or effect of a general Act can be...

  4. CIRP - Reimbursement of Compounding fees - Who is responsible for offence or compounding of offence under the Income Tax Act which was committed much before the...

  5. The High Court allowed the compounding of the offence u/s 147 of the Act in a case involving the dishonour of a cheque. The petitioner-accused had already paid...

  6. Dishonor of Cheque - Section 147 of N.I. Act has made every offence punishable under the N.I. Act as compoundable. As such, there is no bar for the parties in the...

  7. Dishonor of Cheque - The compromise would go a long way in maintaining the peace and harmony between the parties and thus, a prayer has been made to the Court for...

  8. Dishonor of Cheque - Different cheques, may be issued for discharging the liability, arising out of one and same transaction, are separate entities and dishonour of each...

  9. Dishonor of Cheque - For proving offence under Section 138 of NI Act, it has to be established that the cheque has been issued by the accused to discharge a legally...

  10. 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...

  11. The Punjab & Haryana High Court allowed the compounding of the offence u/s 138 N.I. Act between parties in a dishonour of cheque case. Citing precedent, the court held...

  12. Dishonour of Cheque - vicarious liability of director - cheque was issued prior to the date of director joining the company - The petitioners have failed to bring on...

  13. Dishonor of Cheque - Generally, in the criminal law, mens rea is an essential component of crime but dishonour of cheque is a criminal offence where there is no need to...

  14. Compounding of offences u/s 279 - liberalisation of policy of the CBDT- applications for compounding of non-technical offences - imprisonment for less than 2 years was...

  15. Compounding of offence - delay in appointing a Woman Director - reasons furnished by applicants for 14 (fourteen) months delay are satisfactory - applicant to pay a...

 

Quick Updates:Latest Updates