NDLI: M/s Gimpex Private Limited Vs. Manoj Goel

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1881 Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974) Negotiable Instruments Act, 1881 (26 of 1881)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – ss. 138, 139 – Parallel prosecutions arising from a single transaction u/s.138 – Impermissibility of – Dishonour of cheques – First set of complaints filed – Compromise – First complaint pending, cheques issued pursuant to the compromise deed also dishonoured – Second complaint filed – Both the complaints if can be pursued simultaneously – Held: No – A settlement agreement effaces the original complaint – Non-compliance of the terms of the settlement agreement or dishonour of cheques issued subsequent to it gives rise to a fresh cause of action – Allowing prosecution under both sets of complaints would be contrary to the purpose of the enactment – First complaint quashed – Further, Single Judge erred in quashing the criminal complaint on a priori reasoning that the second set of cheques issued in pursuance of the compromise deed were not in discharge of a liability – Mere fact that a suit was instituted challenging the compromise deed would not justify exercising jurisdiction u/s.482 – It would continue to be valid until a decree of the appropriate court setting it aside is passed – High Court failed to notice the import of the presumption u/s.139 which can only be displaced on the basis of evidence adduced at the trial – Judgment of the Single Judge quashing the second complaint is set aside – Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – ss. 409, 506(1).Negotiable Instruments Act, 1881: s.138 – Ingredients of – Discussed. s.138 – Purpose of – Held: Primary purpose of s.138 is to ensure compensation to the complainant – The Act also allows for parties to enter into a compromise, both during the pendency of the complaint and even after the conviction of the accused.s.138 – Nature of offence under – Held: It is quasi-criminal, while it arises out of a civil wrong, the law however, imposes a criminal penalty in the form of imprisonment or fine. s.139 – Presumption under – Burden of proof – Discussed.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 637
Petitioner	M/s Gimpex Private Limited
Respondent	Manoj Goel
SCR	[2021] 11 S.C.R. 432
Judgement Date	2021-10-08
Case Number	1068

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

M/s Gimpex Private Limited Vs. Manoj Goel

Please Log-in to view this content

Siby Thomas Vs. M/s. Somany Ceramics Ltd

M/s. Laxmi Dyechem Vs. State of Gujarat & Ors.

M/s. Ajeet Seeds Ltd. Vs. K. Gopala Krishnaiah

M/s. Kumar Exports Vs. M/s. Sharma Carpets

Raghu Lakshminarayanan Vs. M/s. Fine Tubes

M/s V.g. Saraf and Sons Vs. H. Ranjith and Anr.

Kishan Rao Vs. Shankargouda

M/s. Kalamani Tex & Anr Vs. P. Balasubramanian

P.j. Agro Tech Limited & Ors. Vs. Water Base Limited

M/s Gimpex Private Limited Vs. Manoj Goel

M/s Gimpex Private Limited Vs. Manoj Goel

Please Log-in to view this content

Similar Documents

Siby Thomas Vs. M/s. Somany Ceramics Ltd

M/s. Laxmi Dyechem Vs. State of Gujarat & Ors.

M/s. Ajeet Seeds Ltd. Vs. K. Gopala Krishnaiah

M/s. Kumar Exports Vs. M/s. Sharma Carpets

Raghu Lakshminarayanan Vs. M/s. Fine Tubes

M/s V.g. Saraf and Sons Vs. H. Ranjith and Anr.

Kishan Rao Vs. Shankargouda

M/s. Kalamani Tex & Anr Vs. P. Balasubramanian

P.j. Agro Tech Limited & Ors. Vs. Water Base Limited

M/s Gimpex Private Limited Vs. Manoj Goel