Section 138 nia settlement at lok adalat
Kumarsirik
(Querist) 20 August 2015
This query is : Resolved
Dear Learned members
This entire suit of cases pertain to failure of considerations on a land deal and subsequent dishonor of cheques issued against the purchased lands.
These suit of cases have come up for a full and final settlement in the respective courts of law.
I shall address the cheques issue here and in another query will explain the other cases and the advise I require.
The accused approached for settlement to be executed at Lok Adalat. He informed magistrate about his intent. I consented in the court.
I presume there is a 15% fee to be paid for settlement at Lok Adalat. So the counsel on behalf of accused suggested we close the case unconditionally and without any payment, as would be stated in the compromise note, only after drafting an MOU . The MOU would state that the accused shall pay me the amount he is liable to pay, while, in front of the Lok Adalat we appeal for withdrawal of the case condoning he accused.
Is this a safe procedure?
Secondly, the accused insists that the case be withdrawn first and only then the amount shall be paid. My fear is that there is a possibility he may violate the terms of MOU.
What is the course of action under such circumstances?
Is there a safer approach to handle the settlement procedure? It is also possible that the accused and his counsel my be hoodwinking me by overwhelming with lot of legal intricacies that are not within comprehension for a layman.
alexander
(Expert) 20 August 2015
Prima facie,it shall be better to pursue your cases in the respective civil courts to bring the issues to their logical end.A person who has taken you up the garden path once may take you up the hill this time and you may be left there high and dry.. Don't break, short circuit or compromise on the legal requirements and and no compromise with vice and injustice whatever the cost.
pl consult your local advocate.
Kumarsirik
(Querist) 20 August 2015
Dear Alexander
I understand that a culprit should not go scotfree. He has caused tremendous hardship to me and has the potential to doo it with others.
I wanted to get rid of further hardship in attending court cases as my job and other responsibilities were taking a toll, therefore, consented for compromise, though, I feel he should be punished.
Was that a hasty decision to consent for Lok Adalat referal? I am not sure. Fact, is I already did it with the magistrate in criminal court.
However, at this juncture, yesterday I consented for the referral.
I am not sure/aware if this can be reversed and pursue the case in the criminal court after having consented.
SAINATH DEVALLA
(Expert) 20 August 2015
If U both agree for settling the matter in Lok Adalat,thats the best possible way.Or else it will take not less than 6 to 7 yrs in the trail court and the sessions court,wasting UR time and money.
