• Out of court settlement

Hello,

We put a case on reality crystal property for not returning us our money under 138. The amount is 5 lakh plus. Now, they want to settle the amount immediately by paying us the cheque amount. 

We have spent almost 50K on the case for GPA and other expenditures. I want them to pay me back the amount we spent because of them for the court case. Can I claim that from them? 

Please help me ASAP. They say they have kept the DD ready, till yesterday they did not have money to pay, and today they are ready with the amount!!! Clear cheating case.

Please advise I want them to pay my expenditures and interest as well.

Thank you.
Asked 11 months ago in Criminal Law from Bengaluru, Karnataka
Religion: Hindu
Yes you can claim 50 k by way of compensation. But my suggestion is that if they are settling the case then dont stretch further. Because what if tomorrow they refuse to pay a single penny then? So take the cheque and settle the matter. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
Tell them to include the cost of litigation to the amount covered by the cheque, which is a standard practice. If they do not pay the litigation cost then you can refuse to withdraw the case.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Since you have already filed a case against him u/s138 if N.I.Act, let the matter be settled before and by the Court,

2. Do not go for any out of the Court settlement in this regard since it might be a legal trap also as he will ask you to withdraw the case first for getting the DD and after your withdrawal, he might pay some trick which is unknown to us.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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If they are ready to pay you back then receive the amount. The litigation expenses and your travails would be spared which would surely touch 50K.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Normally, if you win the case, they will go to jail for atleast 3 months or they have to pay double of the amount.  It depends on the court discretion.  

Now the point is, it is you have to decide whether you go for compromise or you fight the case.  If you require the amounts urgently, then you can take the cheque amount. Or if you can wait for some more time i.e. 6 months to one year, you will get double the amount or punishment.  My advise is wait till the judgement comes out.  You have to keep trust on the court and judiciary. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
We put a case on reality crystal property for not returning us our money under 138. The amount is 5 lakh plus. Now, they want to settle the amount immediately by paying us the cheque amount. 
We have spent almost 50K on the case for GPA and other expenditures. I want them to pay me back the amount we spent because of them for the court case. Can I claim that from them.
If they are coming for a compromise and out of court settlement, you may make your demands accordingly.  
Please bear it in mind that once the party is willing to settle the cheque amount fully, it will be better for you to come don from your stand a little by negotiations and you may agree to reduce the cost and expenses incurred by you, so that you can avoid further expenses towards litigation and lawyer's fee and it is not confirmed that the case may turn in your favor or not at a later stage because nobody knows what can happen behind the screen. 




Please help me ASAP. They say they have kept the DD ready, till yesterday they did not have money to pay, and today they are ready with the amount!!! Clear cheating case.
Please advise I want them to pay my expenditures and interest as well.
You have been given opinion about what may happen and what you can do in the given situation, now the ball is in your court to decide. 
Take wise decisions at right time.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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