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?
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.
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.