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Ajay Kumar Bhalla S/O Late Sh. B.M. ... vs Smt. Jaswant Kaur W/O Sh. Surender Singh on 6 October, 2009

On the other hand, in N.K. Gupta Vs. Vijay Kumar Madan, 2001 (1) RCR (Criminal) 783, it was held by Punjab & Haryana High Court that remedy under section 138 of the Negotiable Instruments Act and civil suit are separate remedy, if civil suit is filed claiming amount and the same is decreed in favour of the drawee, even then there is no ground to close criminal proceedings, which have to continue to its logical end.
Delhi District Court Cites 17 - Cited by 0 - Full Document

Smt. Gayathri vs Smt. Clement Mary on 25 November, 2002

8. At this juncture, reference can be had to Section 250(5) of the Cr. P.C. which has a proviso in pari materia i.e., identical to one contained in Section 357(5) of the Cr. P.C. As per Section 250(5) of the Cr. P.C., a person, who has been directed to pay compensation under Section 250 of the Cr. P,C. shall by reason of such order (of compensation) is not exempted from any civil or criminal liability in respect of complaint made or information given by him. This also shows that payment of compensation has no effect on the liability, but requires to be taken into account if compensation is to be awarded again. Further, in the case of N.K. Gupta v. Vijay Kumar Madan, 2001(3) L.C.C. 120 relied on for the petitioner also it is held that the amount, which may be imposed as fine, would not be adjustable against a decree that may be ultimately passed in the Civil Court.
Karnataka High Court Cites 2 - Cited by 1 - S B Majage - Full Document

Smt. Gayathri vs Smt. Clement Mary on 25 November, 2002

8. At this juncture, reference can be had to Section 250(5) of Cr.P.C., which has a proviso in pari materia i.e., identical to one contained in Section 357(5), Cr.P.C. As per Section 250(5) of Cr.P.C., a person, who has been directed to pay compensation under Section 250 of Cr.P.C.. shall by reason of such order (of compensation) is not exempted from any civil or criminal liability in respect of complaint made or information given by him, This also shows that payment of compensation has no effect on the liability, but requires to be taken into account if compensation is to be awarded again. Further, in the case of N. K. Gupta v. Vijay Kumar Madan, reported in 2001 (3) ICC 120 (PunJ and Har). relied on for the petitioner also it is held that the amount, which may be imposed as fine, would not be adjustable against a decree that may be ultimately passed in the Civil Court.
Karnataka High Court Cites 5 - Cited by 0 - S B Majage - Full Document
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