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2015 (2) TMI 1250 - HC - Indian LawsOffence under NI Act - respondent-accused has failed to honour the mediated settlement of 26th July, 2013 and came up with an application for reconsideration after three months of mediated settlement - Held that:- Since, question of fact are being raised regarding voluntariness of the mediated settlement, therefore, it would be appropriate that an opportunity is granted by trial court to respondents to lead evidence to show that the mediated settlement was not a voluntary one. In view of aforesaid, impugned order of 25th July, 2014 is hereby quashed and petitioner-complainant’s application for acting upon mediated settlement be revived for hearing by the trial court, who shall decide it after giving an opportunity to respondents to lead evidence on the petitioner’s application. Let needful be done by the trial court expeditiously and in any case within 16 weeks from the date of hearing, so fixed on the application. The petitions and applications accordingly disposed of. Trial court be apprised of this order forthwith.
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