Cheque Bounce: J&K HC Bars Enforcement of Settlement After Acquittal
Srinagar, July 10 -- Srinagar- The High Court of J&K and Ladakh has held that once parties voluntarily settle a cheque dishonour dispute and the criminal court records the compromise and acquits the accused, the proceedings attain finality.
A bench of Justice Wasim Sadiq Nargal observed that thereafter, the Magistrate becomes "functus officio" and cannot execute the terms of a private settlement unless the final order itself contains an executable judicial direction.
The court passed the verdict while allowing a petition filed by one Gulzar Ahmad Ganaie, quashing execution proceedings initiated by the Chief Judicial Magistrate (CJM), Budgam, to enforce a compromise reached in a cheque dishonour case.
Ganaie had challenged the CJM's ord...
Click here to read full article from source
To read the full article or to get the complete feed from this publication, please
Contact Us.