Ni act and ep filing

Since the cheque was issued as part of a settlement of a decree amount, it is clearly a legally enforceable liability. Therefore ytou can file a cheque bounce case under section 138 NI act.

Simultaneously you can file an execution petition also because even if there was a settlement later, failure to honour the settlement revives the decree unless the decree was formally satisfied in court.

The amount in the EP depends on what was recorded before the court. If the compromise settlement was not recorded in court then you can execute the original decree amount (including interest and costs). 

If compromise memo was filed in court then  you can execute the compromise amount Rs. 2,30,000 minus Rs.1,00,000 paid. So the EP amount would be Rs. 1,30,000 with interest (if applicable).

You can file both the cases  because they are different remedies.

Send legal notice for cheque bounce immediately (if not already sent).
File NI Act case for 1,30,000. Simultaneously file Execution Petition for recovery of decree amount.

Sir, humble thanks for your reply. 🙏

Sir, the compromise settlement is not recorded in court. its written outside between us on 20/- stamp paper... I agreed for compromise settlement on that day as cases in courts are getting dragged for years and years. so I agreed for compromise settlement ..but that culprit did not honor timelines mentioned in compromise and cheque got bounced again.

1) as its not recorded in court, I can file EP for entire amount right ? correct me if my understanding is wrong.

2) Sir as compromise understanding is not honored date wise and amount wise, I can fully rely on decree. correct me if my understanding is wrong.

Even if the compromise was recorded /accepted by both parties and submitted to the court, which is taken on record implies that you have compromised and same has come on judicial file. However, either your lawyer may guide you or you or some other local prudent lawyer may inspect court file to find out actual position / status of your case.

Q 1 Yes, you can and should proceed to initiate legal action u/s 138 NI Act, 1881 for dishonoured cheque.

Q 2 to 4 regarding filing of execution petition can be proceeded if there is a decree / award in your favour, which is still unsatisfied. 

Vashista Sir 

1)For how much amount I can file EP ?

Is it for 1,30,000/-

Or

For complete decree amount 

You want execution / recovery of entire decreetal amount i.e., Rs. 2,30,000/-  but not the cheque amount, isn't it ? Accordingly it shall be decreetal amount.