Recovery suit for awarded compensation
rajan chopra
(Querist) 18 July 2015
This query is : Resolved
Sir in a cheque bounce case the court convicted the accused and awarded an amount as compensation to be given to complainant in 2012 but accused in appeal in session was acquitted on the basis of matter compounded between the parties in look adalat on giving the half of the cheque amount to the counsel appear ing for complainant as remaining half of the cheque amount was already deposited in trial court before filing the appeal in session court I.e on cheque amount the matter was compounded but the counsel appearing for complainant was not engaged by complainant and was totally unknown and stranger to the case and no prior consent was ever obtained from complainant for so called compromise in fact the counsel appearing on behalf of the complainant was senior of the real counsel of complainant and was asked to appear only and not to compromise the matter as on the hearing date the real counsel was not able to attend the court and complainant was out of station on date of hearing.Now in 2015 can I file execution petition for recovery of compensation amount with interest and costs?
M/s. Y-not legal services
(Expert) 19 July 2015
as of your statement entire cheque amount is settled?
half amount before the mediation., and half amount already deposited in appeal.. right? just collect the half amount from your counsel., and file an affidavit before court for getting permission to withdraw the deposited money.
M/s. Y-not legal services
M V Gupta
(Expert) 19 July 2015
The Advocate who had appeared before the Lok Adaalat would be deemed to have acted under instructions of ur Counsel and hence the compromise is binding on u. At any rate the whole of the amount of dishonored cheque stands paid. Follow the course of action suggested by the exert.
P. Venu 
(Expert) 20 July 2015
May be the action of the counsel representing was less than professional, but nevertheless, the complainant cannot have maintain that justice has been denied to him/her.
