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PLRonline.in

COI Art. 32 - Practice and procedure - Other remedies available to them in law - Court did not foreclose the right of the petitioners/Banks to pursue other remedies available to them in law

Maxim - ex debito justitiae - of or by reason of an obligation of justice : as a matter of right

Home Criminal Negotiable Instruments Act

NIA S. 138, 139 and 146 – Bank memo issued by Drawee bank not bearing the seal of the bank – Complaint dismissed

in Negotiable Instruments Act

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Negotiable Instruments Act

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.

Negotiable Instruments Act

[SC] NIA S. 138 – Loan availed at P – In order to harass the petitioner, the cheque was presented in the banks Branch at C – Proceedings can not continue at C. [213 PLR 612]

Negotiable Instruments Act

Negotiable Instruments Act, 1881 – S. 138 – Loan agreement executed at Hyderabad – Cheque was issued at Hyderabad – Respondent/Complainant Financial institutions have their offices at Hyderabad – Entire cause of action for filing the present complaints under S. 138 has accrued at Hyderabad – Yet the complaint has been submitted before the Court at Calcutta, Jaipur and Gurugram only to harass the petitioners – Stay of further proceedings. [#PLRonline]

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