raj malhotra (M.D) 26 November 2012

pls advice regarding compounding

i have filed a complaint under sec.138 ni act..case is on witness stage...now the defendant wants to compromise bt needs more time to pay...and he is ready to give another post dated cheque in court in writing that he ows me tht amont and will pay by that post dated cheque...is it ok to compound case this way??which technicalities should i keep in mind whilw doing it as he is very.cunning and had tried several.ways to avoid this payment..pls advice..thnks in advance.

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Goutam Prasad (Advocate) 26 November 2012

As far as formula of compromise is concenred, there is no legal problem with it. But you need to get detailed statment of the accused ,i.e. issuer of cheque and get you complaint under section 138 disposed off as the same being compounded and not as withdrawn.

Further, it will be better if you can further negotiate for getting something like bank guarantee for placing your self more safe.

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