Negotiable Instrument Act

This query is : Resolved 
 

(Querist)
09 November 2008

Accused No. 1 is Co. through its one director, remaining two accused impleaded as accused No. 2 and 3 by the complainant CO. Most interesting that accused No. 1 is the CO. through its one director (means 3rd director except acuused No. 2 and 3)
Further the trial court held guilty all the three accused and convicted 6 Months R I Imprisonment and 30 Lac Comensation jointly and severely liabile.
Next, all the three accused filed appeal seperately and complaninant also filed revision for enhancment the compensation and conviction.
Next, In appeal, accused No. 1 and 2 compounded each other after paying the 28 Lac and the Lok Adalat confirm the settlement of accused No. 1 and 2.
Now the accused No. 3 is facing the appeal before the appellate court.
Q. 1.- whether the Lok Adalat can compounded this case if the liability is jointly and severely passed by the trial court?
Q. 2- If accused No. 1 and 2 paid Rs. 28 Lac against the compensation passed i.e. 30 Lac then whether the accused is entitle only to the extent to remaining amount i.e 2 Lac.
Q. No. 3- If the accused No. 1 CO. compunded the matter in the Lak Adalat then the accused No. 3 is liable for vicarious liability.


PALNITKAR V.V. (Expert)
15 January 2009

you have not given the details of compromise between the complainant and the original accused nos. 1 and 2. The conviction against no.3 does not get wiped out automatically merely due to compromise accused nos. 1 and 2. one has to go through the facts of the case and the details of compromise. please furnish those details

DEFENSE ADVOCATE.-firmaction@g (Expert)
01 February 2009

You have a good case for payment of two lacs only., however it will depend on your advocate that how the case is persued.

Be ready to go to highest level since the amount is big.



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