R. RAJESHWARI versus H.N. JAGADISH .

R. RAJESHWARI versus H.N. JAGADISH .

Settlement effected by advocate, acting within authority, is binding unless proved otherwise; High Court cannot recall or review a signed judgment except as permitted by Section 362 CrPC; compromise under Section 147 of the Negotiable Instruments Act is permissible and does not violate public policy.

Parties
Appellant: R. Rajeshwari; Respondent: H.N. Jagadish
Jurisdiction
India
Judgment Date
05 March 2008
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Negotiable Instruments, Dishonour of Cheque, Compromise/settlement, Jurisdiction of Courts, Advocate Authority, Review Under Cr PC
Criminal Law Negotiable Instruments Dishonour of Cheque Compromise/settlement Jurisdiction of Courts Advocate Authority Review Under Cr PC

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Parties

R. Rajeshwari

Appellant

H.N. Jagadish

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether settlement by advocate without explicit instructions is binding on litigant
  2. 2 Whether High Court could recall compromise order under section 362 of CrPC
  3. 3 Whether compromise of offence under Negotiable Instruments Act is permissible under law

Ratio Decidendi

Settlement effected by advocate, acting within authority, is binding unless proved otherwise; High Court cannot recall or review a signed judgment except as permitted by Section 362 CrPC; compromise under Section 147 of the Negotiable Instruments Act is permissible and does not violate public policy.

Court Disposition

Appeal dismissed

Orders

  • Appellant at liberty to approach Bar Council or file appropriate action against lawyer concerned