Signature refused
Kumar Krishan Agarwal Advocate
(Querist) 22 December 2010
This query is : Resolved
My Learned Friend,
That in a legal compromise before court between Complainant C1 and Accuseds A1,A2,A3 recorded before the magistrate court and signed by the all parties. But on the next date of hearing the A3 refused turned away by saying that he has not signed this document before court.
1. Now What legal action can be brought against the A3 who turned away with the legal agreement between the parties C1,A1,A2,A3?
2. Can procedure of Sec 340 Cr.P.C is maintainable before the same court to take proper action after the preliminary inquiry against A3 ?
OR
We can file a legal private complaint under the specific violated IPC sections before the First class judicial Magistrate or any other magistrate (according to specific IPC sections jurisdiction) to take action against A3 ?
3. Is any other way according to your view ?
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My Ld friends Queries Reply ?
For Mr AA:- Matter was placed before court of law and not in lok Adalat. The A3 Statement was to pay certain amount to C1 against the case.
For Mr SS:- When you submit the legal drafted compromised matter before court and get legally recorded, the court may give the next date as the court think to postpone for further proper action on the compromise matter. But on the next date one compromised party turned away that he has not signed or this was not his sign on this compromise document.
Advocate. Arunagiri
(Expert) 22 December 2010
Comprise before the court - accused recorded and signed.
Please give more information where and how the compromise was arrived (in lokadalath). You say that a legal agreement. If the compromise is recorded in the court, it can not be called as an agreement.
What is the statement actualy given by A3?
s.subramanian
(Expert) 22 December 2010
Once the compromise is presented to court and recorded,the matter is at an end. Where is the need for any further adjournment of the case? Kindly give details.
Ajay Bansal
(Expert) 23 December 2010
FILE AN APPLICATION U/S 340 Cr.P.C.
Arun Kumar Bhagat
(Expert) 01 January 2011
It is for the court to cause inquiry if all other parties say that the compromise was signed by A3 . File an application u/s 340 Cr.P.C for perjury.
