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Supreme Court of India · 08/10/2021

M/S GIMPEX PRIVATE LIMITED versus MANOJ GOEL

[2021] 11 S.C.R. 432 · 2021 INSC 637

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Summary

The Court restored the cheque-dishonour complaint arising from cheques issued under a settlement and quashed the earlier complaints subsumed by it. Two parallel prosecutions for the same underlying liability could not continue after the agreed settlement. Settlement cheques were not inherently devoid of legally enforceable liability; that issue and rebuttal of the statutory presumption belonged at trial. A pending civil challenge did not invalidate the settlement. If it were later held void from inception for coercion, reinstatement of the original complaint could be sought.

Issues

  1. Whether original and settlement-cheque prosecutions for the same underlying transaction could proceed together.
  2. Whether settlement cheques lacked enforceable liability merely because a civil challenge to the settlement was pending.

Provisions considered

Held

Result

Appeals partly allowed: quashing of CC No. 389/2017 set aside; the seven original complaints, CC Nos. 3326–3329/2012 and 99–101/2013, quashed. All trial rights and contentions preserved; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 432.