Compromise cheque bounced

Ramkrishna (Querist) 24 October 2017 This query is : Resolved
In January a compromis in take place in civil suit but the chque given during compromis has been returned by bank due to insufficient fund. Should i file 138 case or should i file execution of that civil case or both

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Advocate Bhartesh goyal (Expert) 24 October 2017
File both execution and proceedings u/s 138 of N.I.Act.

vamsi (Expert) 24 October 2017
you can take action under N.I. act

Yudhish Padman S (Expert) 24 October 2017
Dear Ramakrishna,

An execution petition is usually filed by a decree holder against the judgement debtor. In a compromise decree there won't be a judgment debtor and hence, there is no question of execution.

Therefore, the right course would be to initiate appropriate proceedings u/s.138 of NI Act.

Regards,
yudhishpadman@gmail.com

Azhagananth (Expert) 24 October 2017
my opinion is to reopen the case which was closed under the Compromise decree.

Rajendra K Goyal (Expert) 24 October 2017
Agree with the expert Advocate Bhartesh goyal.

Dr J C Vashista (Expert) 25 October 2017

I agree with the expert opinion of Mr. Vamsi and Mr. Yudihish Padman S, there is " no" decree as such to be executed.

Dr J C Vashista (Expert) 25 October 2017
I respectfully disagree with the opinion of experts.
Since the cheque was drawn in consideration of compromise deed, which is a recoverable debt in terms of proviso to Section 138 of the Negotiable Instruments Act, 1881, you should file complaint u/s 138 of NI Act.

Dr J C Vashista (Expert) 25 October 2017
I endorse the expert advise of Mr. Azhagnanth to opt for reopening your suit, wherein you can easily obtain a decree which is already admitted by defendant.

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