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Compromise

Querist : Anonymous (Querist) 06 April 2020 This query is : Resolved 
Sir,
I am responding a cheque bounce case( 138) in kerala.there is non bailable warrant against me.now i am in abroad.
Now petitionar ready to withdraw said case by a compromise.how can I compromise this case behalf of me? Because I can't appear there due to my job.can he withdraw the case voluntarily?What will happen to warrant?Pls give me an opinion
SHIRISH PAWAR, 7738990900 (Expert) 06 April 2020
Dear querist,

He can make request to court for allow to withdraw the case. If you have any doubt you can appoint your advocate for compromise in court.

Regards,
Advocate Suneel Moudgil (Expert) 06 April 2020
1. appoint any person as your POA to settle the matter with him,
2. once settled, he will withdraw the case and the warrants stand canceled
Advocate Suneel Moudgil (Expert) 06 April 2020
you are not required to appear in the case
Rajendra K Goyal (Expert) 06 April 2020
Engage a lawyer and enter into compromise. He / his lawyer would prey the court to allow withdrawal of the complaint on the basis of compromise.
KISHAN DUTT RETD JUDGE (Expert) 06 April 2020
Dear Sir,
You have three options.
First ask your advocate to get it recalled by approaching High Court and a direction to the lower court to facilitate the complainant to withdraw the complaint in view of settlement out the court.

Secondly, ak your advocate to file 205 Crpc application and represent you by filing vakalath and another application under sectin 70(2) of CrPC and allow the complainant to say no objection and to file an application for with drawal.

Thirdly, ask the complainant directly withdraw the complaint thus warrant will be automatically become infructouos.
Raj Kumar Makkad (Expert) 06 April 2020
As this is a criminal case wherein non-bailable warrants have already been issued against you so it shall not wise to engage a lawyer to represent you in the compromise. It could have been done in a civil suit but is not permitted in a criminal case wherein the presence of the accused is sought by the court.

The sole way is that the complainant withdraws his complaint by making a statement in the court in writing that he has obtained the amount of the cheque from the accused and do not want to run his complaint and wants to withdraw. The trial court shall get the same dismissed as withdrawn. You may deposit the settled amount to a third person mutually agreed, who shall deliver the said amount to the complainant only after withdrawal of the complaint.
P. Venu (Expert) 07 April 2020
How is that the matter has been settled? If settled, there in nothing that prevents the complainant from withdrawing the case. Once the matter is dismissed as withdrawn, the NBW stands discharged.
Raj Kumar Makkad (Expert) 07 April 2020
Sometimes the trial courts get lodged a new criminal case under section 160 of IPC against the accused after invoking proceedings under section 82 and 83 of Criminal Procedure Code. If such proceeding has also been initiated in your matter then let the complainant get the original complaint dismissed as withdrawn and thereafter invoke the jurisdiction of High Court seeking quashing of FIR on the basis of compromise.
Dr J C Vashista (Expert) 08 April 2020
Have you engaged a lawyer to attend proceeding ? If so, let him/ her apply for cancellation of NBWs.
If the complainant is willing to withdraw his/ her complaint, the NBWs shall automatically come to an end as and when his/ her request is allowed by the Court.
Dr J C Vashista (Expert) 08 April 2020
Hon'ble Supreme Court in the case titled M/s Meters and Instruments Private Limited & Anr. v. Kanchan Mehta made some key observations regarding dishonor of cheque cases and also issued directions for speedy disposal of cheque cases under Section 138 of NI Act.
Use of modern technology for speedy disposal of cases– The Court took into consideration use of modern technologies for enabling speedy disposal of cases under Section 138 of NI Act and noted that use of modern technology needs to be considered not only for paperless Courts but also to reduce overcrowding of Courts. There appears to be need to consider categories of cases which can be partly or entirely concluded “online” without physical presence of the parties by simplifying procedures where seriously disputed questions are not required to be adjudicated. Traffic challans may perhaps be one such category.
Atleast some number of Section 138 cases can be decided online. If complaint with affidavits and documents can be filed online, process issued online and accused pays the specified amount online, it may obviate the need for personal appearance of the complainant or the accused. Only if the accused contests, need for appearance of parties may arise which may be through Counsel and wherever viable, video conferencing can be used. Personal appearances can be dispensed with on suitable self-operating conditions.
adv. rajeev ( rajoo ) (Expert) 08 April 2020
You can appoint power of attorney holder
Raj Kumar Makkad (Expert) 08 April 2020
@adv. rajeev (rajoo). With due regard, can a Power of Attorney represent an accused and can seek bail on behalf of his master?
Rajendra K Goyal (Expert) 09 April 2020
Power of attorney may not work in such cases, withdrawal of case by complainant after due compromise is better option in given circumstances.

Alternately appear before the court, get bail and face the case.
T. Kalaiselvan, Advocate (Expert) 10 April 2020
As suggested by many experienced expert advocate before me on this caption, I too endorse the view of advising the complainant to withdraw the pending case by filing a memo for withdrawing the case as not pressed as an out of court compromise settlement has already been arrived.
You can talk to the complainant about it and make arrangement for settlement accordingly.
Once the court allows the memo, the court will dispose the case as dismissed and the pending NBW also stands cancelled automatically on disposal of the main case.
If you have not engaged any advocate you may engage an advocate in the local to oversee the arrangement so that you can be confirmed about it once you have made the payment.


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