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NI138 (NA)     04 October 2010

NI 138 defense/settlement ideas

Hello,

I do not recall the exact time frame, as I was not there, but roughly about 4-5 years back my dad stopped a cheque for a car mechanic because he was not satisfied with the service. Unfortunately mechanic ended up suing him. It has been quite some time and there is no resolution. I would like to help out my dad and get him out of this mess. The plaintiff is not ready to settle out of the court. We are willing to pay him off his dues and any other reasonable amount he demands. My dad's health is faltering and he no longer even owns that car. I really want to pull him out of this mess.

If the plaintiff is not willing to settle out of the court and if we are ready to pay any reasonable demand just so that it alleviates unnecessary stress from my dad, what would our options be? Can we request the judge stating we are willing to pay any reasonable amount judge decides or plaintiff demands? Can judge compell plaintiff to settle this way if the defendent appeals the court? Is there any other way out of this situation?

Your thoughtful insight into the matter would be highly appreciated.

Thanks in advance.



Learning

 11 Replies

Daksh (Student)     04 October 2010

Dear NIACT 138,

There is no estoppel if in case the complainant is not agreeable to out of court settlement you can on the date of hearing appear before the court and make statement to the effect that you are willing to make the payment there and there.   Then onward it is the prerogative of the court to discharge the accused or hear the other party as well.  At that time you may state the fact of your approaching the opposite party for settling the case out of court.    You have had your remedy or stating this fact after recieving the notice and process of the court.  Still you can very well go and represent before court by making statement/filing application to this effect.

Best Regards

Daksh

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     04 October 2010

Now SC has given guidelines for compounding , you follow them and court will agree.

NI138 (NA)     05 October 2010

Dear Shashikumar,

Could you please provide me details on where can I find these guidelines for compounding? Unfortunately, I do not reside in India and not sure how and where to look for these guidelines? Your response into the matter would be highly appreciated. I see the ray of hope in your response.

Look forward for your kind response.

Thanks a bunch.

NI138 (NA)     05 October 2010

Dear Daksh,

Thank you for your response. I would thought so that requesting court so and paying off would hopefully make the whole thing go away. But I am looking for proper way of doing it. Like Mr. Shashikumar indicated about supreme court's compounding guideline. If you happen to have any other ideas or experience please do share.

Thank you.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 October 2010

Just search this site Mr Reddy of Hyd has posted SC judgment in this matter.

1 Like

prem (secretary)     05 October 2010

dear

mr NI 138

u need not to carry the guidlines to court just before the court to settle the matter with the complainant as u r ready to pay along with expences.the court will aloow or request and compound the case with the complainant.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     06 October 2010

PLS FIND THE ATTACHED ONE-


Attached File : 31 31 ni act latest judgement on compounding.pdf downloaded: 219 times
1 Like

NI138 (NA)     06 October 2010

Mr. Reddy,

Thank you very much for attaching this judgement here. Really appreciate it. I was wondering how can we communicate this to our defense lawyer and indicate that we would like to inform the court about our willingness to pay off the plaintiff based on this compounding guideline. Do we need to make a written plea to the court? Are there any forms/applications to fill out? For what-so-ever reason if our defense lawyer does not agree to that what can we do about it?

It is my personal strong wish to make this case go away for my dad and I am willing to pay off plaintiff out of my pocket. Look forward for your valueable suggestion.

Thanks in advance.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     06 October 2010

PLS TAKE ONE D.D(CHQ AMOUNT) IN THE NAME OF COMPLAINANT ALONG WITH SEPARATE D.D IN THE NAME OF LEGAL SERVICES AUTHORITY AS APPLICABLE AND WRITE A MEMO /PETITION U/S 147 OF NI ACT AND THE ATTACH THE SC JUDGMENT COPY.

NO WORRY THE CONCERN MAGISTRATE WILL TAKE CARE . FORGET ABOUT 138 AND REMEMBER ABOUT 147

1 Like

NI138 (NA)     07 October 2010

Thanks a lot Mr. Reddy. Really appreciate your guidance into the matter. I will keep you posted about the update.

Thank you.

Best regards.

AJ (NA)     20 September 2012

hello everyone , i need ur valuable input adn sujjestion on this as i have a ct date next month :- i had taken a PL  from a bank and due to loss of job was unable to pay them so they filed a 138Ni case against me using my security cheque , after a year i got summons from court . meanwhile the bank agency started negotiating with my dad  after the 1st date in court and i had to take a bail , my dad finally agreed to their terms and conditions and made 2 payments out of the 8 EMIS agreed upon. now i sumitted an application before the MM mentioning that i am in settlemnt with the said bank  and have agreed upon a payment stettlement  with them with proofs of payments attached and asked the MM to adjourn the case for as long as it can to which the judge rejected my application and forced the bank lawyer to file an affidavit withou which next date will not be granted inspite of the bank lawyer mentioning about the settlement between the both of us , so my question to the forum is , since compounding is possible in 138 NI why my appliction was rejected inspite of me comming to a compromise in the very  2nd  hearing .on 1 hand i have already paid 2 instaments to the bank as per the settlement agreement and on the other hand they are running the case simultaniously .so in this given senario what should be my POA  shud i continue with the payment or shud i stop the payment and fight  . thank you in advance


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