RANA ARUN SEN Vs. L. R. KASHYAP

JUDGEMENT

(1.) As common issue of law is involved in these appeals, they are being disposed of by way of a common judgment, as agreed upon. The reliefs prayed for in the said appeals are as under:

(2.) Appellant before this Court, feeling aggrieved, by the factum of bouncing of cheques issued by the respondent in his favour filed Complaints under Sec. 138 of the Negotiable Instrument Act.

(3.) Incidentally, the said cheques issued in favour of the appellant also bounced. Feeling aggrieved, the appellant again approached the Court by filing Complaints under Sec. 138 of the Negotiable Instrument Act. The complaints so filed, stand dismissed by way of impugned judgments by the learned Court below on the ground that the provisions of Sec. 138 of the Negotiable Instrument Act are not invokable in the case of bouncing of a cheque, if a cheque has been issued by one party to other party on the basis of a compromise. While returning said findings, learned Court below has relied upon the judgment of the Hon'ble Supreme Court in Lalit Kumar Sharma and another Vs. State of Uttar Pradesh and another, (2008) 5 Supreme Court Cases 638.