Magistrate Cannot Enforce Settlement or Act as Executing Court After Compromise in Cheque Bounce Cases: High Court of Jammu & Kashmir and Ladakh
The Jammu and Kashmir and Ladakh High Court has clearly held that once a lawful compromise is recorded in a complaint under Section 138 Negotiable Instruments Act 1881, the trial Magistrate is duty-bound to dispose of the complaint in terms of that compromise. The Magistrate cannot continue to monitor the settlement or enforce its terms by assuming the role of an executing court. The judgment was delivered by Justice Sanjay…