https://www.taxtmi.com/caselaws?id=371054 Section 258 of the Code of Criminal Procedure, 1973 does not apply to stop proceedings in a complaint under Section 138 of the Negotiable Instruments Act, 1881 where the cheque amount, interest and costs have not been paid. The court held that the stopping-of-proceedings principle recognised in the later Supreme Court decision is confined to the limited compensatory situation where payment has been made and the complainant stands compensated. It also stressed that precedent is binding only for its ratio decidendi and factual context. An attempt to invoke Section 258 on the basis of alleged absence of legally enforceable liability and a pending civil suit was therefore rejected. en-us Tue, 13 Nov 2018 00:00:00 +0530 Wed, 28 Nov 2018 08:36:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=371054 Section 258 of the Code of Criminal Procedure, 1973 does not apply to stop proceedings in a complaint under Section 138 of the Negotiable Instruments Act, 1881 where the cheque amount, interest and costs have not been paid. The court held that the stopping-of-proceedings principle recognised in the later Supreme Court decision is confined to the limited compensatory situation where payment has been made and the complainant stands compensated. It also stressed that precedent is binding only for its ratio decidendi and factual context. An attempt to invoke Section 258 on the basis of alleged absence of legally enforceable liability and a pending civil suit was therefore rejected. Case-Laws Indian Laws Tue, 13 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=371054