Admissibility in evidence

This query is : Resolved 
 

(Querist)
18 January 2017

Sir,

There is a out of court Deed of Settlement entered in to between the Complainant and Accused during the pendency of proceedings filed in the criminal complaint u/s. 138 of Negotiable Instruments Act.The said Deed of Settlement is duly signed and notarised.

The trial has started. Complainant has filed its Evidence and Cross-examination of Complainant Witness has already been completed prior to the execution of above mentioned Deed of Settlement. However, the settlement has failed.

Complainant desires to lead further evidence by bringing second witness. So, in this case,can the above mentioned Deed of Settlement be filed in the list of documents alongwith the said Affidavit of Evidence of second witness?


R.K Nanda (Expert)
Click to Talk
19 January 2017

when complainant want to proceed case in court then there is no need to file settlement deed with affidavit of evidence of 2nd witness, in court, when settlement has failed.

rajeev sharma (Expert)
19 January 2017

Though there is no nee to file settlement but if you want to use this than it may be an evidence of the fact that the defendant do not want to pay dues

Rajendra K Goyal (Expert)
19 January 2017

Agree with the expert rajeev sharma.

Dr J C Vashista (Expert)
26 January 2017

1. "out of court unregistered settlement" is non-est in law till the consenting parties appear before the Magistrate and agree/bind themselves to the covenants of settlement.

2. You did not clarify which one of the party i.e., complainant or accused has backed out of the settlement signed, executed and attested by Notary.

3. Even after backing out from the settlement the party cannot use the settlement to his/her advantage in evidence.

priyanka pai (Querist)
14 February 2017

Vashistaji,

Sir, the Accused has backed out from the settlement signed, executed and attested by Notary.

The Accused used to promise for settlement. Therefore, the criminal proceedings were adjourned for some dates. But then, they backed out and as per one of the clauses mentioned in settlement deed, the criminal proceedings continued against the Accused. The case was stopped at the stage of evidence of Complainant before the said settlement talks and now hence it will begin with the same stage. Therefore, in order to bring this fact of settlement and breach of settlement we are intending to file the said settlement deed in evidence before the Hon'ble Court.

rajeev sharma (Expert)
15 February 2017

File the settlement in court to prove two points 1. as a proof of admission of liability by the accused 2. his intention of not paying the dues. In criminal matter the the most important is the intention of the accused in committing an act. But you will have to prove the execution of the settlement by producing independent witnesses.



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