manish Purohit 19 June 2017
Ms.Usha Kapoor (CEO) 19 June 2017
Settlement is a sort of compromise where court mediates,conciliates,counsels etc both the parties to dispute to iron out the differences and try to resolve the issue in an amicable way to give some thing and take something manner and court stamps its approval its 'seal wqith Judge's Signature on that decision. It's final and binding.
Dr J C Vashista (Advocate) 20 June 2017
Get the compromise deed drafted, signed, attested and submit to the Trial Court, the complaint shall be compounded.
dr g balakrishnan (advocate/counsel supreme court) 20 June 2017
u apply to court to allow mediation u/s 89 of CPC 1908. Hon ct would be only pleased to grsnt you mediation and concilition , one conciliated file the mediation and conciliation order duly signed both of you before the court , the court will relieve you form court proceedings. tks
Dr J C Vashista (Advocate) 20 June 2017
Dr. G. Balakrishanan,
I respectfully differ with you as provisions of Negotiable Instruments Act, 1881 and Code of Criminal Procedure, 1973 are applicable in a complaint case u/s 138 of the N I Act, which is a quasi criminal case, but not Section 89 (or any other) of the Code of Civil Procedure, 1908 (as amended).
However, on request of both the parties the matter can (discritionary) be referred for mediation.
Besides this, consequent upon Amendment Act (2016) incorporated in Negotiable Instruments Act, 1881 it has been included in Section 320 Cr PC for compounding.
Regards