Case Brief on GHANSHYAM GAUTAM vs. USHA RANI (SINCE DECEASED) THROUGH L.R.S RAVI SHANKAR

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163


In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Hon'ble Supreme Court held that once the settlement has been arrived at and the complainant has signed the deed accepting an amount in full and final settlement, the proceedings under this provision must be quashed.

“Considering the overall facts and circumstances of the case, we are of the view that once the settlement has been arrived at and the complainant has signed the deed accepting a particular amount in full and final settlement of the default amount and the fine amount awarded by the Trial Court, the proceedings under Section 138 of the NI Act need to be quashed," observed the bench of Hon'ble Justices Vikram Nath and Satish Chandra Sharma