Sagar v. State & Anr.
Case brief
What is this about?
The Court quashed FIR No. 663/2016 under Section 420 IPC instituted for cheque dishonour. The dispute was settled amicably with full and final settlement and payment of compensation accepted by the complainant, rendering continued prosecution futile.
What did the court decide?
FIR No. 663/2016 and all emanating proceedings quashed; prayer allowed.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 2900/2017 SAGAR ..... Petitioner Through: Mr.Omkar, Adv. versus STATE & ANR ..... Respondents Through: Ms.Richa Kapoor, ASC with Mr.Ashish Negi, Adv. SI Veer Pal Singh, P.S.Tilak Nagar.
CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R % 08.11.2017
Crl.M.A. No.16863/2017 (Exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(CRL) 2900/2017
The petitioner seeks quashing of FIR No.663/2016 dated 06.09.2016 (P.S.Tilak Nagar) instituted for the offence under Section 420/34 of the IPC.
The petitioner had obtained a loan from the complainant/respondent No.2 of an amount of Rs.3 lakhs. He tried to return the aforesaid amount by a cheque which was, though, signed by him but it was from the account of an associate of the petitioner. As such, the cheque delivered by the petitioner was dishonoured.
Issues for consideration
1 issue framed by the court
Whether the FIR under Section 420 IPC instituted for cheque bounce should be quashed in light of settlement between parties.
Parties & counsel
- petitioner
Sagar
- respondent
State
- respondent
& Anr
Coram
Case details
As recorded by the court registry
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