Dishonour of cheque – Mediation – Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ;
(ii) case u/s 138 of NI Act can be referred to Mediation if parties are interested in referring the matter for mediation;
(iii) it can be done only for the limited purpose of arriving at a settlement regarding amount; (iv) on reaching the settlement, when report of mediation is received by Court then complainant
(a) may withdraw the complaint;
(b) or he may file an application for compounding u/s 147 of the Act;
(v) Mediation agreement cannot form part of the judgment or order of the criminal court; (vi) Criminal court cannot rely on that agreement and pass an order in the nature of a decree relegating the parties to get the amount realised by filing execution petition; (vii) dictum laid down by the Supreme Court with regard to an award passed by the Lok Adalat in a case u/s 138 of the Act, which is based on the deeming provision u/s 21 of Legal Services Authorities Act, is not applicable to a mediation agreement. Search the Best Cheque Bounce Case Lawyers in Chennai India.
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