Legal Question in Criminal Law in India
In a case of N.I.Act Section-138, A settlement has been reached between complainant and accused before the judge and accused becomes ready to pay Rs.2 lakh out of Rs.4 lakh, all this is recorded in the order sheet. Later accused withdraws himself from the agreement and request the judge to proceed the case on merits. Can execution of the agreement reached earlier is maintenable? If yes, kindly provide the relevant citation.
2 Answers from Attorneys
There is provision for execution of a compromise reached in the court while the case is still pending. However, violation of the compromise terms may be a serious matter and court may take that into consideration while passing final judgement.
it is a criminal matter and in case the accused, feared of the consequences, enters an agreement with the complainant and later retracts, it does not affect the merits of the case and the magistrate can proceed with the trial unless liability is specifically admitted by the accused before the court saying that he was liable to pay and towards the liability, he is agreeing to pay. an agreement simpliciter stating that accused agrees to pay may not benefit the complainant.
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