• Breach of Compromise Deed

I gave 1.5 Cr to my relative and he gave me two security cheques and a Promisery Note of 1.5Cr. On Rs. 100 Stamp paper on his name.

He denied and blame me that I stole and cheques and created Promisery note and sign is also different.

So I filed cases against him:
a)	Criminal case in Police station.
b)	Recovery Suit summary suit
c)	138 NI Act.


After five years of under pressure of cases he made compromise deed with me for 50 Lakhs. He paid 20 Lakhs RTGS and 30 Lakhs he gave me original 2 post-dated cheques with his own sign and witness on compromise deed and I have to closed cases as per Compromise deed after fulfilling the financial obligation. I just inform the courts that we are heading for Compromise and did not close any case till date.

When the cheque date reach for withdrawal. He send me a Notice from the lawyer saying he paid me balance 30 Lakhs in cash and I didn’t give him receipt and return the cheques.

MY QUESTION:

1.	 Shall I file new F.I.R.
2.	 Shall I File new 138 NI Act
3.	 Shall I Summary Recovery Suit.
4.	Or I have to attach chg to existing cases.
5.	Is there any advantage for my Primary case which was 1.5cr.

Thanks
Asked 13 days ago in Criminal Law
Religion: Muslim

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11 Answers

  1. The defence that he paid 30L and you did not gave him any receipt is not tenable given his past conduct and cases filed by you against him.
  2. File a complaint in the  Court of Magistrate  for cheating as police will hesitate to register the   Court will issue direction to police to register FIR and investigate.
  3. File a criminal complaint under 138 Negotiable Instruments Act, 1981.
  4. File a summary suit on the basis of cheques.
  5. You have full advantage of previous case.

Ravi Shinde
Advocate, Hyderabad
4773 Answers
42 Consultations

If the cheque amount was only for thirty lakhs and the same was received by you, then you can withdraw the cheque bounce case however if the recovery suit in the summary suit is for the entire mount, you can restrict your claim to that extent only after deducting the amount you have received now and continue the summary suit .

Since you have already filed the cheque bounce case you will not be able to file a fresh cheque bounce case. At this stage where you have already approached court for recovery no police case will be maintainable

T Kalaiselvan
Advocate, Vellore
88320 Answers
2388 Consultations

What are clauses in compromise deed  regarding dishonour of cheques of Rs 30 lakhs ?kindly clarify 

 

if cheques are dishonoured on presentation file fresh case under section 138 NI 

Ajay Sethi
Advocate, Mumbai
98119 Answers
7973 Consultations

1. You should reply the said legal notice and deny the said amount 

- The police can refuse to lodge an FIR 

2. Yes, you can file a fresh case under N I Act against the said cheques. 

3. You can file the complaint case and also the summary recovery suit 

4. No, you cannot attach the said cheques with the existing case , as there is no such provision in NI.I.Acrt. 

5. Yes, you should continue the said case , as he is bound to pay the 1.5 Cr even you have received a part of payment . 

Mohammed Shahzad
Advocate, Delhi
15034 Answers
228 Consultations

You can do all of above 1 to 4. Yes there is an advantage 

Prashant Nayak
Advocate, Mumbai
33303 Answers
219 Consultations

1. Register FIR,

2. Revive the case already filed by you,

3. File fresh NI case,

4. The settlement has failed and for that reason. you should pursue the case wherein you have claimed Rs.1.5 Crore. 

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27562 Answers
726 Consultations

Did you take any liberty from the court before withdrawing the cases against him to get the cases restored in case of noncompliance by the opposite side? 

Siddharth Jain
Advocate, New Delhi
6411 Answers
102 Consultations

Dear client,

As your case has various legal disputes, multiple legal actions, and breach of compromise agreement, so depending upon the facts of the case there are various legal actions that you can take:

  1. As your client is making a false claim of rupees 30lakhs and is trying to dishonor the cheque, so you can file for cheating and criminal breach of trust.
  2. As they have given a postdated cheque after the compromise deed that has bounced so you can file a new case under section 138 of the Negotiable Instrument Act, and this will be a separate case from the earlier case that you have filed.
  3. If your initial police FIR is still active you can file a supplementary complaint stating that he has breached compromise agreement and committed fraud.
  4. Do not withdraw your old case until he fully complies with the settlement.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

Anik Miu
Advocate, Bangalore
10550 Answers
123 Consultations

  1. File a new FIR for breach of compromise and fraud.

  2. File a new case under Section 138 NI Act for dishonored cheques.

  3. File a new Summary Recovery Suit for the remaining ₹30 lakhs.

  4. Do not close previous cases yet. Inform the court about the breach of compromise.

  5. Your primary case (₹1.5 Cr) strengthens as he admitted liability by settling for ₹50L.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
913 Answers
4 Consultations

Given the facts of your case, your relative's claim of paying ₹30 lakhs in cash without a receipt appears to be an afterthought and an attempt to evade liability. Since the compromise deed clearly outlines the payment terms and you possess the original post-dated cheques, you have a strong case. Here is a strategic approach to proceed:

  1. File a New Case Under Section 138 of the NI Act: Since the post-dated cheques were part of the compromise agreement and have now been dishonoured, you are entitled to initiate fresh proceedings under Section 138 of the Negotiable Instruments Act. Ensure that you send a legal notice to your relative within 30 days of cheque dishonour demanding the payment within 15 days. If he fails to pay, you can file a new complaint under Section 138 within 30 days after the notice period ends.

  2. Avoid Filing a New FIR Immediately: Since this is a financial dispute and you already have criminal cases pending, it is advisable to focus on the cheque bounce route rather than filing a fresh FIR. However, if you have evidence that he has acted fraudulently or intends to cheat (e.g., issuing cheques knowing they would bounce), you may consider filing a new criminal complaint under Sections 406 (Criminal Breach of Trust) and 420 (Cheating) of the IPC.

  3. Consider Filing a New Summary Suit: If you wish to secure your claim faster, you may also initiate a fresh summary suit under Order XXXVII of the CPC for the recovery of ₹30 lakhs based on the dishonoured cheques and the compromise deed. This can run parallel to your Section 138 case.

  4. Update the Court in Existing Cases: You may file an application in the pending cases informing the court of the breach of the compromise agreement. This strengthens your primary claim of ₹1.5 crores by establishing his repeated dishonesty and non-compliance. However, the dishonour of new cheques creates a fresh cause of action that is best pursued separately for procedural efficiency.

  5. Advantage for Your Primary ₹1.5 Crore Case: The breach of the compromise agreement bolsters your original claim by highlighting his unwillingness to honour financial commitments. If the ₹30 lakh payment is successfully recovered, it can be adjusted against your initial ₹1.5 crore claim. His failure to fulfil the compromise terms could weaken his credibility across all pending cases.

A multi-pronged approach—filing a fresh Section 138 case while maintaining the pressure through your ongoing civil and criminal proceedings—will provide maximum legal leverage. Consulting with your advocate for case-specific nuances and court procedures is advised for efficient handling.

For a detailed consultation, feel free to reach us at www.legalcorridors.com.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
382 Answers

File a fresh FIR. Don't withdraw any previous case. Based on the 20L payment , you may have to check with your lawyer if you should file for amendment of pleadings and reliefs sought. He's trying to change the cause of action and deviate the courts with the 20L payments and revised Compromise deeds.

 

Reply to the notice with real facts and warn them to adhere to the compromise or else wait for further cases.

Srikanth Chintala
Advocate, Hyderabad
30 Answers

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