Advise me


Hii experts I've filed a case in since 2010 (138,N.I.ACT),and now accused person want to settlement. so what is the full procedure for settlement out of the frame of the court. thank u plz advise me
 
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CEO

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.

 
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Lawyer

Get the compromise deed drafted, signed, attested and submit to the Trial Court, the complaint shall be compounded. 

 
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advocate/counsel supreme court

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

 
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Lawyer

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

 
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