Ni 138
hasmukh
(Querist) 11 February 2012
This query is : Resolved
in 2009 i had negotiate with the party by paying their due and they assured us in written that they will withdraw the case after three year i hvae received a warrant which show that case havent been withdrawn then i contact the party and our lawyer , they told us according to new rule there is a provison of penalty on accused to be paid in court that i hvet o pay a penalty for withrawing case which has been setteled mitually and written on their letter head in 2009 , is it true that i have to pay penaltyor is there any new rule like this
V R SHROFF
(Expert) 11 February 2012
No Rule, No Penalty.
N.I.ACT 138 Case can be withdrawn by Complainant.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 February 2012
Yes that rule has come due to following SC order-
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 963 OF 2010
[Arising out of SLP (Crl.) No. 6369 of 2007]
Damodar S. Prabhu … Appellant (s)
Versus
Sayed Babalal H. … Respondent (s)
WITH
CRIMINAL APPEAL NOS. 964-966 OF 2010
[Arising out of SLP (Crl.) Nos. 6370-6372 of 2007
New Delhi
May 03, 2010 AND EARLIER CASES SHOULD NOT BE COVERED.
Still you want to get rid of your problem deposit fine as per this order in the legal aid society and not the court.
BUT IT IS EFFECTIVE FROM
Rajeev Kumar
(Expert) 11 February 2012
Yes if you want remedy then deposit fine
V R SHROFF
(Expert) 11 February 2012
His case of 2009
they stated heavy Court fees of 2% of cheque amount for n.i. 138 compliant.
.
May 03, 2010 AND EARLIER CASES SHOULD NOT BE COVERED.
Advocate M.Bhadra
(Expert) 11 February 2012
The case is compoundable u/sec.138 N.I.if the complainant would agree to settle the matter, otherwise you should surrender before the Court and enlarge a bond for recalling the warrant and defend the case.
Sankaranarayanan
(Expert) 11 February 2012
Yes you have explain before court and agree to pay the amount and also if any penealty
Arun Kumar Bhagat
(Expert) 11 February 2012
In case of compounding 10% of the cheque amount has to be paid to legal aid services authority in view of Judgement referred. In case of withdrawal u/s257 Cr. P.C no fine is levied. So ask the Complainant to withdraw the said case.
Advocate Bhartesh goyal 
(Expert) 11 February 2012
For compounding the case accused has to deposit the amount in account of legal services authority as per decision of S.C.Damodar. S.Prabhu vs Syaid Babalal.H but for withdrawl of case nothing has to be paid.
prabhakar singh
(Expert) 11 February 2012
yes!Experts have rightly explained.
Raj Kumar Makkad
(Expert) 11 February 2012
I think the query is otherwise then being replied by experts.
As the author is an accused and 3 years ago, he settled the amount out of court and complainant assured him to withdraw the case but still didn't do and author came to know this fact only when a summon has come to him.
Question is how an accused is unaware of the trial and whether trial was being run at his back? No this seems a hypothetical query having no iota of truth.
Shonee Kapoor
(Expert) 12 February 2012
It was your fault to not have seen whether the case is withdrawn or not.
I tend to agree with experts that some penalty may need to be paid.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
