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karan saxena   21 November 2021

Regarding out of court settlement

Wanted to check a scenario, in a case regarding cheque bounce , court has asked us to pay the amount plus a 20% fine on the amount which is owed.

Now we have decided for an out of court settlement by filing for an appeal, now the party has got the amount as part of out of court settlement, but court is asking us to that 20% of principal amount to court.

Is it something which court can ask for?
we have already paid an amount which court has asked to pay as part of fine in the judgement.


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 4 Replies

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     21 November 2021

Please take a letter from complainant duly stating that he/she waived the payment of 20% amount and submit the same to the Court.  Also file a joint petition regarding settlement and withdrawal ofthe case. 

Advocate Bhartesh goyal (advocate)     21 November 2021

You both the parties may settle the case before National Lok Adalat which is going to be held on 11th December 2021 all over India, where cases will be settled on agreed terms.

1 Like

Dr J C Vashista (Advocate)     21 November 2021

The court has stated to have imposed a fine U/S 357 Cr PC of 20% of the cheque amount which is to be paid to complainant or court ?

karan saxena   21 November 2021

to the court, as the verdict was declared and after that we decided to enter out of court settlment by filing for an appeal and then notifying court that we will settle out of court.
The final verdict amount issues by court was 20% higher than cheque amount.

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