Sec 138 : recovery suit
kamana
(Querist) 06 September 2011
This query is : Resolved
Hi Experts !!
I seek your valuable advise in this post.
I am trying to settle a cheque bounce case under sec - 138, where the other party is refusing to settle the claim. The amount of cheque is Rs. 4 Lacs. I am read to settle the case at the amount Rs. 4 Lacs and other interest and litigation cost. But the part at other end is demanding 5.8 lacs. The case has been in court since last one year. I have not been convicted as such, but I have plans of moving out of the country.
So please let me know a way possible to settle this case. How to move the application how to bring this matter to the attention of the court..
Devajyoti Barman
(Expert) 06 September 2011
In criminal jurisprudence there is noi concept of compromise. Here the case may be compounded.
Incidentally both in the case of compromise or compounding the consent or meeting of minds of both the parties is required.
Unless that is done, I am afraid nothing could be done to your case except fighting the case till its end.
NOTTAM VENKATASAMY
(Expert) 06 September 2011
YOU CAN FILE A PETITION BEFORE JM SEC 147 OF NI ACT THAT ACT SAYS ABOUT COMPROMISE SETTLED, SC ALSO ENTERTAINED SUCH TYPE OF SETTLEMENT
Advocate. Arunagiri
(Expert) 06 September 2011
If you are looking for the compromise just for moving out of the country, that is not needed. Even when the case is pending you can move out of the country.
If you want a compromise you have to meet the demands of the complainant, the court can not order for compromise.
Raj Kumar Makkad
(Expert) 06 September 2011
Compromise is the desire of both parties which can be given effect to by counsels of both the parties. We experts cannot help you convincing the other party to settle the case as you willing to provide only the amount of cheque.
I can suggest you to move ahead and increase your offer. One can imagine, you have violated law, you are using his money since last more than one year without interest, the complainant has to file this case against you, he is required on every hearing to attend the case thus is being harassed for what and why?
If you are not even ready to pay simple interest and litigation expenses to him then let you suffer and none can help you.
prabhakar singh
(Expert) 07 September 2011
A compromise is result of mutual understanding of parties if that is not there no one can help,not even court compel parties to arrive at any compromise. Try with his friends to get him convinced else no body can do any thing unless he agrees.
What opinion one can give you here.
kamana
(Querist) 07 September 2011
Alright. Thanks for your precious responses.
Can you please tell me here further that what will be the case finally settled for if in case I am convicted in the same.
I want to know the maximum the court might punish me for, so that I can work out a settlement amount for the other party.
Looking forward to your reply.
