Complaint u/s 138 NI act
Pushvinder Singh
(Querist) 26 January 2016
This query is : Resolved
A case was filed against accused under 138 NI Act for his cheque worth Rs . 10 Lacs was dishonoured . Accused and Complainant entered into compromise. Accused agreed in the Hon ' ble court to pay the amount in two equal installments to the complainant. Subsequently Hon ' ble court passed an order that since both the parties entered into a compromise and accused agreed to pay the amount . Hence accused was ordered to pay the first installment of Rs . 5 Lacs on 15 th of November, 2015 and the second installment of Rs . 5 Lacs on 15 th of December , 2015 and case was disposed off . The accused did not pay the said amount to the complainant till date. Now what is the remedy left with complainant. Should complainant go for Review petition? If so , under which rule of law . Plz suggest the proper way out
Devajyoti Barman
(Expert) 27 January 2016
Generally the case is not disposed of till the final payment is made.
So check the case is still alive which is likely to be or not.
If the case is there it will start from where it stopped.
Rajendra K Goyal
(Expert) 27 January 2016
If the case not disposed off, it would start again.
If disposed off, execution can be filed.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 27 January 2016
Even u can file an application in the concerned court to re open the case on the grounds
Pushvinder Singh
(Querist) 27 January 2016
Dear experts, case has been disposed off but accused failed to pay the said amount on due dates. I want the case to be reopened and planning to apply for re opening of the case but don't know under which provision should I apply. whether the Hon'ble court has power to reopen the case once disposed off by the same court.
Pushvinder Singh
(Querist) 27 January 2016
Mr. Barman is right but here case has been disposed of
Dr J C Vashista
(Expert) 28 January 2016
I have similar opinion as advised by expert Mr. Devajyoti Barman.
Your case is still open till final payment as compromised with the accused, it cannot be closed.
However, check with your lawyer.
Prima facie it is an academic query.
