Summary suit
jamil
(Querist) 01 November 2017
This query is : Resolved
two persons make fraud in business. On demand one person gave cheque of the due amount. The same are bounced. I lodged FIR against the both accused. I filed summary suit in the court and got decree. Defendant who gave cheques is absconder since long.
The second accused arrested by police. After trial when case became on final argument, accused offered the complainant to compromise. accused executed promissory note. Now he is not paying the amount. Can I file the summery suit against him.
Vijay Raj Mahajan
(Expert) 01 November 2017
Yes you can file Summary Suit under Order 37 CPC and seek order for the payment of the promissory note amount.
The court will allow your suit but after the final order you will once again have file for execution of the payment order that will again be headache for you as he will once again make excuses or move court for declaring him as bankrupt to prevent arrest and imprisonment.
Ms.Usha Kapoor
(Expert) 02 November 2017
Yes! Under Order 37 you can file summary suit against the person who failed to pay the promissory note amount.You fied summatry suit against check psyment by esarlier absconder which was decreed inyour favor also whose cheque got bounced and since then he absconded. IN my opinion complain the matter to L OK adalat attached t9 yourr Diistrict court whch may summon both the accused persons who earlier were ready for compromise to give their consent for a cmpromise and pass a decree for payjment of your cheque and promissory notes money by effectng compromse ammhg all three in a spirit of give and take..THe Lok Adalat's orders o decree is considered as equivaoent to civil court decree anbd bindinfg on all the parties to it.It cahn be disposed of within 20minutes to 1/2 an hour.
Advocate Bhartesh goyal
(Expert) 01 November 2017
