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2021 (6) TMI 633 - HC - Indian LawsDishonor of Cheque - liabilities discharged by payment of dues, which was not considered by Court - seeking closure of proceedings as per Section 143 of Negotiable Instruments Act r/w. 258 of Cr.P.C. - HELD THAT:- The Hon'ble Apex Court in M/S. METERS AND INSTRUMENTS PRIVATE LIMITED & ANR. VERSUS KANCHAN MEHTA [2017 (10) TMI 218 - SUPREME COURT] categorically held that where the cheque amount with interest and cost, as assessed by the Court is paid by a specified date, the Court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 of Cr.P.C. Normally, general rule for trial of case under Chapter XVII of the Negotiable Instruments Act is to follow the summery procedure and summons trial procedure can be followed where sentence exceeding one year may be necessary, taking into account of the fact that punishment under Section 357 (3) of Cr.P.C., with sentence of less than one year will not be adequate. In the present case, the option left to the petitioners herein is to approach the Court below and file an appropriate application under Section 143 N.I. Act r/w. 258 of Cr.P.C., raising all the grounds including the ground that they have already paid the entire amount covered under the cheques in dispute - petition disposed off.
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