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2016 (3) TMI 652 - SUPREME COURT

2016 (3) TMI 652 - SUPREME COURT - TMI - Criminal prosecution for dishonour of a cheque for higher amount - Held that:- In the instant proceeding the parties have agreed that between the parties the total outstanding amount shall be treated as ₹ 1,80,00,000/- (Rupees one crore eighty lac only) and the same shall be paid by the respondents to the appellant in regular monthly instalments of ₹ 15,00,000/- (Rupees fifteen lac). We accordingly direct that the respondents shall pay the fir .....

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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. The appeal is disposed of in the aforesaid terms. - Criminal Appeal No. 235 of 2016 [Arising out of S.L.P. (Crl.) No. 9288 of 2011] - Dated:- 18-3-2016 - Dipak Misra And Shiva Kirti Singh, JJ. JUDGMENT Shiva Kirti Singh, J. 1. Leave .....

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ortage of some funds the cheque was not to be presented immediately. There were some disputes between both the parties which were settled through a mutual meeting and as per minutes of meeting held on 22nd and 23rd September 2008, the net payable amount by respondent no.1 was reduced and settled at ₹ 2,87,09,640/-. 3. The cheque was presented with the bankers - M/s. HDFC but it was returned on 28.11.2008 with the remark - funds insufficient . On receipt of Memo of Dishonour at its Delhi of .....

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the appellant under Sections 138/141/142 of the Negotiable Instruments Act, 1881 in the Court of XI Additional Chief Metropolitan Magistrate, City Criminal Courts at Secunderabad registered as C.C. No.829 of 2009 was entertained and non-bailable warrant was ultimately issued against the accused persons on 04.03.2009. The respondents could not succeed against the order issuing non-bailable warrant but their subsequent petition under Section 482 of the Code of Criminal Procedure was entertained an .....

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