The caterer worked in my Marriage Reception Ceremony in January 2019. The cheque was given to the caterer by my mother from her own account (not joint). The cheque has signature of my mother only.
I have already approached the caterer before the 1st date of hearing in September 2019 and I was ready to pay the cheque amount. But the person is very greedy and vindictive in nature and more interested to harass me than coming to a peaceful compromise. He has not shown any interest for out of court settlement.
After that I hired a lawyer and got bail for me and my mother. We attended 3 hearings till date (last being in February 2020) and pleaded not guilty.
The lawyer hired by me was very casual in nature. He was even not showing us the bail papers and not even giving proper guidance. So I have discontinued with him. Next hearing is on 12/01/2021 for evidence.
I have even filed a case in Consumer Court against the Caterer in person in September 2019. The case is in the questionnaire by OP stage. His lawyer is deliberately lingering this case.
1) Can my name be removed from the sec 138 case since the cheque was issued by my mother from her own account?
2) If I submit a petition for compromise and compounding before the Judicial Magistrate on next date, will it be accepted if the caterer/complainant does not agree?
3) In that case, What should be my next recourse?