UNDERTAKING IN LOK ADALAT
vinod bansal
(Querist) 30 May 2009
This query is : Resolved
R/Members
I filed a complaint us 138 of NI Act & later on compromised was effected in between myself & accused & case was withdrawn by me but a statement/undertaking of the accused was also recorded by Honeble court while withdrawing the case that he will pay remaining amount (sattled as per final sattlemen in both parties)on or before 4-6-09.I want to know what legal action i can initiate in case accused didnot paid sattled amount on fixed date against accused for breach of undertaking given in court in writing & under which section/provision, Thanks
Khaleel Ahmed Mohammed
(Expert) 30 May 2009
Dear Vinod,
You did a mistake. You should not have withdrawn you complaint till the final payment by the accused.The subject matter of the cheque has been closed as soon as you withdraw your complaint.On the failure of the accused to the amount on or before 6th June 09. You can file civil suit against the accused only, for the recovery of amount.The criminal court cannot open the matter again.
B.B.R.Goud.
(Expert) 30 May 2009
once you are compromised and settled the issue, in lokadalat, there is no appeal.
even after due date, your issue was not settled, then you need to initiate and institute the legal proceedings along with the contempt of court proceedings.
deepak kumar
(Expert) 31 May 2009
the award of lok adalat is deemed to be a decree of civil court which is enforceable by law please go through section 21 of legal services authorities act 1987. go ahead and file execution before competent civil court.
SANJAY DIXIT
(Expert) 31 May 2009
I agree with the above views. You may proceed for recovery.
Uma parameswaran
(Expert) 31 May 2009
You can initiate contempt court proceedings .
