Compromise failed
PRAKASHCHANDRA MARU
(Querist) 03 December 2014
This query is : Resolved
hello all learned,
That i have lodged the complain under the provision of negotiable instrument act against accused. After the cross examination of the complainant compromise taken place on record and accused given another cheque for the compromise and the compromise declared by way of written paper and zerox of cheque which was given for the compromise.
Then after the cheque which was given for the compromise also returned having remarks “insufficient fund ”.
Now can i declare this matter with the certified copy before the court to declare that the cheque of compromise has been dishonoured as documentary evidence ?
Can i take examination of chief of bank officer when he comes to give her testimony ?
Please guide.
Regards
T. Kalaiselvan, Advocate
(Expert) 04 December 2014
Once a compromise was arrived you should not have accepted cheque once more. However, based on the earlier compromise papers, you can initiate a fresh cheque bounce case against the accused.
Devajyoti Barman
(Expert) 04 December 2014
The earlier case can not be revived. You have to start a fresh case.
Dayananda Gowda
(Expert) 04 December 2014
The new instrument gives new cause of action.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 December 2014
First of all you should understand that till the matter goes to the court the accused normally does not have proper resources to pay otherwise he will avoid courts.
So it is clever tactic by defense legal persons to lure the complainant in compromise.
If the case is dismissed due to such compromise than the compromise cheque is not a legal liability as per APEX COURT and hence only remedy is civil case.
ajay sethi
(Expert) 04 December 2014
file summary under order XXXVII of CPC to recover cheque amount
P. Venu
(Expert) 05 December 2014
Can there be a compromise in a criminal offence? There could only be compounding of the offence by the complainant.
