Disposed¶13

Ashwini Kr Singh & Ors. v. Bamalwa Fin Pvt. Ltd.

Calcutta HC13 Jun 2025CRR/2833/2018

Case brief

AI extract

What is this about?

Calcutta High Court, Criminal Revisional Jurisdiction, CRR 2833 of 2018, Ashwini Kumar Singh and ors. v. Bamalwa Finance Pvt. Ltd., Section 138 NI Act, Section 141 NI Act, Negotiable Instruments Act, cheque dishonour, quashing of proceeding on out-of-court settlement, Memorandum of Understanding, compromise between parties, quasi-civil nature of S.138 proceeding, Metropolitan Magistrate 14th Court Calcutta, interim order vacated, Ajay Kumar Gupta, J., 13.06.2025.

What did the court decide?

Impugned proceeding under Sections 138/141 NI Act quashed in so far as the petitioners are concerned; CRR 2833 of 2018 disposed of; interim order, if any, vacated; copy of the order to be communicated to the learned court below. ¶13

Ashwini Kr Singh & Ors. Vs Bamalwa Fin Pvt. Ltd. — Cheque Dishonour | Calcutta HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceeding under Section 138 read with Section 141 of the Negotiable Instruments Act pending before the learned Metropolitan Magistrate, 14th Court, Calcutta should be quashed in view of the out-of-court settlement between the parties recorded in a Memorandum of Understanding.

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Court's answer

The Court found that the matter related to Section 138 read with Section 141 of the Negotiable Instruments Act pending before the learned Metropolitan Magistrate, 14th Court, Calcutta, and that the proceeding is quasi-civil in nature, both parties having settled their case.

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Ratio / Principle

Since the parties had settled and there was no impediment in law, the impugned proceeding was quashed in so far as the petitioners are concerned.

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Detailed headnote1 paragraphs

Criminal revision (CRR 2833 of 2018, Appellate Side, High Court at Calcutta): a cheque-dishonour proceeding under Section 138 read with Section 141 of the Negotiable Instruments Act, pending before the learned Metropolitan Magistrate, 14th Court, Calcutta, initiated by Mr. Ashwini Kumar Singh and ors. against Bamalwa Finance Pvt. Ltd. Counsel for both sides reported that the dispute had been settled out of court through a Memorandum of Understanding, and written consent of the parties was filed and taken on record. Holding that the proceeding is quasi-civil in nature and that both parties had settled their case, the Court found no impediment in law and quashed the impugned proceeding in so far as the petitioners were concerned. CRR 2833 of 2018 was accordingly disposed of; any interim order stood vacated; a copy of the order was directed to be communicated to the court below. (Ajay Kumar Gupta, J.; dated 13.06.2025.)

Ashwini Kr Singh & Ors. v. Bamalwa Fin Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Ashwini Kr Singh & Ors. v. Bamalwa Fin Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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