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ipc 338

Querist : Anonymous (Querist) 10 October 2015 This query is : Resolved 
i had an accident with a two wheeler with my car on a highway.the two wheeler hit my car in a wrong route i applied brakes but two wheeler guy hit my car and had fractured his leg.He demanded 50000/- for expenses and i refused.Then he filed a fir u/s ipc 337.After ten months i received a court summon under 338.my queries 1)why are the sections different in summons and fir? 2) what are the chances of acquittal as i am an govt employee
Querist : Anonymous (Querist) 10 October 2015
please advise
Laxmi Kant Joshi (Expert) 10 October 2015
The victim had got fracture on his leg therefore this section applies 279/338 ipc, do compromise with him or if you have evidence/ witness of his negligence driving only then fight the case otherwise negotiate the amount and file compromise in the court .
Sudhir Kumar, Advocate (Expert) 11 October 2015
when fracture is there then it is not simple hurt so 338 is proper section.

compromise with any cost you are govt servant and vulnerable. Even one day conviction can make you jobless.
Querist : Anonymous (Querist) 11 October 2015
i have heard that all cases of sec 338 are let off with fine conviction is very rare. is it true or am i being misguided ?
Querist : Anonymous (Querist) 11 October 2015
sir,for no fault of mine i have to compromise i feel like being blackmailed. accident suggested that two wheeler was negligent did not follow rules.is it that being govt employee law is unfair to me.I want to hire a good lawyer and not pay penny to that two wheeler.what are my chances of getting acquittal and can my lawyer represent me instead as i cannot go to court everytime.
SAINATH DEVALLA (Expert) 11 October 2015
U should have compromised and arrived at a settlement on the scene of the accident itself instead of running after courts after 10 months.
Rajendra K Goyal (Expert) 11 October 2015
No reply to query from anonymous.
P. Venu (Expert) 11 October 2015
Which vehicle was on the wrong route?

You have the option to plead guilty or face the charges on merits. Decision is yours.

Even if found guilty there is no threat to your job; the offence does not involve moral turpitude.

It is not in good taste to remain anonymous.

Querist : Anonymous (Querist) 11 October 2015
thank u very much for ur reply venuji the two wheeler was on the wrong side. should i contest or plead guilty which one is the best option i have no problem pleading guilty and get done with it if there is no problem to my job regds praveen
Dr J C Vashista (Expert) 11 October 2015
@Anonymous,
1. Disclose your identity to seek proper FREE LEGAL EXPERT'S ADVISE.
2. You have already spoken to me on my mobile, today itself, proceed as discussed.
P. Venu (Expert) 11 October 2015
Please disclose your identity. The best option is to ask for reinvestigation or seek a discharge if the only charge is Section 338 and Section 279 is not cited.


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