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| The Tax Publishers 2022 TaxPub(CL) 2918 (Karn-HC) NEGOTIABLE INSTRUMENTS ACT, 1881
Section 138
Where Trial Court passed order of conviction against drawer, but parties had amicably settled the dispute and the drawer had also paid amount to cheque holder, no objection in respect of setting aside of the order of conviction was raised by the cheque holder, the order of conviction was set aside.
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Dishonour of cheque - Petition against order of conviction - Settlement of dispute between parties amicably - Allowability
Cheque holder filed complaint under section 138 against drawer. Trial Court passed order of conviction against the drawer, which was upheld by Sessions Court. The drawer filed petition for quashing of the order on the ground that the dispute was amicably settled between the parties. Held: It is found that the drawer has paid the amount to the cheque holder for which the cheque holder has filed an affidavit stating that it has no objection, if the order of conviction is set aside. The parties have amicably settled the dispute. Thus, the order of conviction set aside by permitting the drawer to deposit a sum in registry of this Court.
REFERRED : Damodar S. Prabhu v. Sayed Babalal H. AIR 2010 Supreme Court 1907
FAVOUR : In favour of petitioner
A.Y. :
IN THE KARNATAKA HIGH COURT
H.B. PRABHAKARA SASTRY, J.
K.S. Umashree v. M.G. Suresh
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