M/s. Moser Baer Vs. Photon Energy
The Negotiable Instruments Act, 1881 - Section 138
Dishonour of Cheque - Settlement - Parties agreed that between the parties the total outstanding amount shall be treated as Rs.1,80,00,000/- and the same shall be paid by the respondents to the appellant in regular monthly instalments of Rs.15,00,000/- - Accordingly directed that the respondents shall pay the first instalment of Rs.15 lac by first week of April 2016 - The remaining 11 instalments of Rs.15 lac each shall be paid regularly by the first week of each succeeding month - On admission or proof of such payments in accordance with the aforesaid arrangement, the complaint case shall stand quashed if the entire amount of Rs.1,80,00,000/- is paid by the respondents to the appellant by the first week of March 2017 - Till then the complaint case shall remain in abeyance -Made clear that if the entire payment is not made within the time indicated above then this order shall stand recalled and the complainant will be at liberty to move the concerned court for proceeding with the criminal case any time in April 2017 by virtue of the present order - Question of law whether in view of payments or settlements made after the issuance of a cheque, a complainant can disclose the true state of affairs and issue a demand for a lesser amount and whether in such circumstances the criminal prosecution for dishonour of a cheque for higher amount is legally sustainable or not left open.
Topic(s)-Dishonour of Cheque - Settlement Allowed - Law Point Kept Open