Cheque bounce -Is it mandatory for the Complainant to compromise?
We lend Rs.2 lakhs as loan to one of our friend and together with accumulated interest for three years, the amount has come to around Rs.2.75 lakhs and a cheque bounce case is filed on the Borrower/Accused for Rs.1.8 lakhs (partial repayment) last year, which has come to arguments stage now.
Note that the case is filed only for 1.8 lakhs, whereas the total amount receivable is 2.75 lakhs and we are planning to file a civil suit for the recovery of the balance amount.
The Accused is fully financially capable, but has a nature/attitude to drag the matter as much as he can, so that he will get more time to repay. We also understand that, towards the end of the present cheque bounce case and just before the judgement, the Accused has a plan to compromise in front of the judge (only for 1.8 lakhs or lesser, and not the full amount) and get rid of this cheque bounce case for the time being and he want make us to waste our time for two/three more years for the balance amount of 0.95 lakhs.
My question is…,
Just before the judgement, if the Accused is asking/requesting for compromise/settlement of the case saying that he can repay the amount for which case has been filed (not the full amount), and if judge is also insisting, does the Complainant need to oblige their request or can continue.
Our plan is that, if we continue the case without compromise/settlement for the partial amount, then the Accused will be afraid of the imprisonment, and then he will be repaying the total amount liable to us.
Our intention is to withdraw/compromise/settle only if we receive the total amount, if there is any possibility.
Please advise/guide us