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Supreme Court of India 2024-04-08 allowed

RAJ REDDY KALLEM vs THE STATE OF HARYANA & ANR

Bench: 2 — A.S. Bopanna, Sudhanshu Dhulia

In Brief

A company owner issued dishonoured cheques to repay an advance for a machine that was never supplied. The complainant pursued criminal proceedings under the Negotiable Instruments Act (Section 138) and IPC Sections 406, 420, 120B. After a settlement in Lok Adalat failed due to delayed payment, the Supreme Court intervened and ensured full compensation of Rs 1.55 crore plus Rs 10 lacs interest. Although the complainant refused to consent to compounding, the Court quashed all criminal proceedings, finding the transaction was civil in nature without fraudulent intent from inception, and prioritising the compensatory remedy over punishment.

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Negotiable Instruments Act Criminal Procedure Dishonoured Cheques Compounding of Offences Article 142 Powers Commercial Fraud Compensatory Justice Cheque Bounce

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