Supreme Court of India

M/s Gimpex Private Limited v. Manoj Goel

Neutral citation
Reported as [2021] 11 S.C.R. 432
Bench Dr. Dhananjaya Y Chandrachud, Vikram Nath and B. V. Nagarathna JJ.
Decided 8 October 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons, we hereby pass the following order: (i) We are of the view that the Single Judge was in error in quashing the complaint CC No. 389/2017 pending on the file of the Seventh Metropolitan Magistrate, Chennai.

Judgment, page 36

From the headnote

Negotiable Instruments Act, 1881 – ss. 138, 139 – P arallel prosecutions arising from a single transaction u/s. 138 – Impermissibility of – Dishonour of cheques – First set of complaints filed – Compromise – First complaint pending, chequ es issued pursuant to the compromise deed also dishonoured – Second complaint filed – Both the complaints if can be pur sued simultaneously – Held: No – 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

Where later benches applied it

Of those, 2 referred to · 1 mentioned

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