https://www.taxtmi.com/caselaws?id=365822 In pending cheque dishonour prosecutions under the Negotiable Instruments Act, a Magistrate cannot direct interim refund or restitution of settlement money voluntarily paid under a mediation settlement before liability is finally adjudicated. The payment was made pursuant to the parties' settlement, while the underlying liability on the dishonoured cheques still remained for trial determination. A criminal court cannot be turned into a forum for mid-proceeding recovery of the settlement amount; any restitutionary relief, if warranted, can arise only at final adjudication. The refund direction was therefore unsustainable and was set aside, leaving liability to be decided in the pending proceedings. en-us Tue, 07 Aug 2018 00:00:00 +0530 Fri, 24 Aug 2018 02:12:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=365822 In pending cheque dishonour prosecutions under the Negotiable Instruments Act, a Magistrate cannot direct interim refund or restitution of settlement money voluntarily paid under a mediation settlement before liability is finally adjudicated. The payment was made pursuant to the parties' settlement, while the underlying liability on the dishonoured cheques still remained for trial determination. A criminal court cannot be turned into a forum for mid-proceeding recovery of the settlement amount; any restitutionary relief, if warranted, can arise only at final adjudication. The refund direction was therefore unsustainable and was set aside, leaving liability to be decided in the pending proceedings. Case-Laws Indian Laws Tue, 07 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=365822